This Article has been written by Mr. Yash Prashar, a 2nd year Student of Rizvi Law College, Mumbai.
ABSTRACT:
Westernization’s effect scares traditional Indian society. Since the time Live-In relationships have been practiced in India, the society considers it as a possible threat to the idea of marriage. As the Government has failed to make laws on Live-In relationships till now, the Supreme Court’s judgments are the only source of information that grants protection and certain rights to couples practicing Live-In relationships. As per the Bharatiya Parampara, it is immoral for a boy and a girl to live together without getting married to each other as there are too many taboos attached to it, pre-marital sex makes itself to the top. But with the changing times, society has adopted many other norms that differ from the old traditions of India. Many people have started practicing the Live-In relationship in the urban cities of India and with time, this will not be considered an urban-elite concept. Therefore, the government needs to make laws and clarify the activities in the practices. The ball is on the Parliament’s court to decide whether to make or break the idea of Live-In relationships. There are a few suggestions given in the Article below which can be discussed briefly.
INTRODUCTION:
In a cultural society like India which celebrates marriage as a sacred union and a bond that can never be broken (not as a law but as an ideal belief), it might be disruptive to bring a Live-In Relationship as an alternative to that or like few people look at it like a “worth giving a try before getting married to the same person”. However, the concept is still rare in India (at least for now). Few people consider it as an “urban-elite concept” because we have only heard this idea in major urban cities while rural India is very conservative on this. It is a new age concept which is difficult to be governed by the old age traditions. As per the law, it is not “invalid” in India but there are no certain rules made by the Legislators for these practices as they are still in dilemma.
BODY:
The idea of Live-In relationships came from Western countries and is heavily criticized in India as it is seen as a threat to the idea of marriage. A boy and a girl, living together under the same roof without getting married is considered a trait of bad character and poor upbringing. To save themselves from shame and agony, unmarried couples often do not tell their parents and relatives when they practice live-in relationships. The concept is still unacceptable in society, especially in rural India; there is a high chance that parents won’t let their son or daughter enter the house if they find out that they are/were living with somebody of the opposite gender (before marriage). When people move out of their parental home (sometimes under parental control as well), they tend to live their life according to their wishes and free from familiar control, they often do something at a young age that is highly restricted by society, live-in relationship can be the one.
Marriage and Live-In relationships are related yet far different from each other. Marriage is very much celebrated in the society as emotions of parents and families are involved with it while on the other side Live-In relationship remains hidden from the eyes of society because of judgment. People feel Live-In relationship is a menace to the family tradition of Indian culture. Having said that, we can not ignore the fact that to some extent there are individuals who consider Live-In relationship before getting married. This is seen as a period in which the unmarried couple gets to know each other and balance out the issues that they would face after getting married to each other. Couples get into a live-in relationship when they want to be clear about the financial management or physical relationship between them; mainly to test how compatible they are.
The society looks down upon the Live-In relationship because they feel that it is morally wrong. Co-habitation before getting married raises eyebrows as it includes intimacy, which is highly objectionable by the fundamentalists. Pre-marital Sex is one of the biggest taboos in the Indian society which people do not even consider discussing; Societal ethics feel threatened. However, in the judgment of Lata Singh v. State of U.P., the Supreme Court stated that even if it is considered unethical, it can not be termed as illegal.
The Hindu Marriage Act, 1955 is there to regulate the marital rights of certain religions and it has been implemented to manage the laws of couples. The Parliament would have never thought that there would be a time when a concept like Live-In relationship would come, hence no such laws were made during that time related to this.
The Indian Parliament has yet to pass any law related to the same. However, the Supreme Court of India, in the case of “Khushboo vs Kanniammal”, passed a landmark judgment in which it stated that Article 21 of the Constitution of India, grants the Right to Life and Liberty which includes the Right to Cohabit without any sort of interruption from the society. This judgment by the Apex Court turned out to be a ‘blessing in disguise’ for those who opt for Live-In relationship; this judgment saves them from judicial actions, societal implications, and familiar outrage. In continuation to that, the Supreme Court has also said that the rights that married couples have, can not be given to the Live-In couples. Likewise, the couples won’t get a share in the property of their partner.
DOMESTIC VIOLENCE ACT, 2005: The Supreme Court has stated in its judgment of Indra Sarma vs. V.K.V. Sarma, that even if there is no law to regulate the legal activities in Live-In relationship, Section 2(f) of the Domestic Violence Act, 2005 shall be applicable for the protection of women in the Live-In relationships as well.
Being in a Live-In relationship does not require any religious event like marriage and therefore, it is not considered a married bond, however, in the landmark judgment of D.Velusamy vs. D.Patchaiammal, the Supreme Court stated that a long-term Live-In relationship could be considered as a valid marriage under certain circumstances by the law. In the same case, the Supreme Court also held that the women practicing such a relationship would be entitled to get maintenance after separation.
Marriages in India for certain religions are governed by a few laws, including The Hindu Marriage Act, of 1955, The Hindu Succession Act, of 1956, and The Hindu Adoption and Maintenance Act, 1956 deals mainly with marriage, divorce, property, maintenance, and adoption. If we compare these with Live-In relationships, we find that the Supreme Court has said that a long-term relationship can be considered as marriage under some circumstances; there is no talk about divorce in these relationships; one partner can not ask for a share in the property of the other partner in this; women have got the rights to seek maintenance, and lastly, a Live-In couple can not adopt a child. Both similarities and differences are there, granted by the judgments of the Supreme Court, in the matter of Live-In relationships.
Apart from such broadly explained laws, there are no such specific laws which have been made by the Parliament for the Live-In relationship. To date, only the Supreme Court precedents explain the rights and protections of the Live-In couples. Live-In Couples have been granted protection by the Supreme Court so that the protectors of cultures and traditions can not threaten them.
Currently, we are aware of the fact that there is no such law that governs the Live-In relationship, but we also know that certainly laws will be made for the same. We can discuss a few ideal laws that can be made so that both the supporters and opposes do not feel insecure about the changes.
SUGGESTIONS:
The Parliament should pass a law that the unmarried couple must sign an agreement in which they must clarify certain provisions before entering the Live-In relationship so that there will not be any confusion before getting into it. The Agreement should include:
- Both individuals are unmarried and have no other love partner apart from each other.
- For whatsoever reason, if the relationship fails, they will not file false cases against each other (like- consensual sex can not be considered rape if the couple decides to separate their life paths). Failing to do so, the Court shall take proper action against the wrongdoer.
- Parents are allowed to visit the couple for a short period at least once, every 6- 8 months.
- Disregarding and ill-behaviour towards the partner’s parents will be considered as an act of Cruelty, and that partner can then and there end the relationship.
The Parliament should pass certain laws so that they can clarify the rights of the Live-In Relationships:
- Couples have to register their Live-In relationship in a Family Court so that they will get all the rights granted to them and also get protection from the Law. Non-registered Live-In relationships shall be considered as illegal and no rights and protection will be provided to them and judicial action can also be taken against both.
- The Parliament can pass a law that two unmarried adult individuals of opposite genders can practice Live-In relationship for a maximum period of 3 years without interruption from anybody, after registering their live-in relationship in a Family Court. After the end of 3 years, the couple will not be allowed to live together. If the couple feels that they are compatible enough to live with each other, then they can opt for marriage as 3 years is enough period to know and understand each other. By this, the idea of marriage will also be safeguarded as people will not see Live-In as a long-term idea.
- The Parliament can make another law in which an agreement should be made by both before getting into Live-In relationship, in which they mutually decide that they will not demand a share in the property of their partner and they will not demand any sort of maintenance if they get separated during or after this course of time. Live-In relationship is not marriage, so they should not be given the same rights.
- The Parliament can pass a law in which it should state that the Domestic Violence Act, 2005 (in a gender-neutral form) shall apply to the Live-In couples as well, to protect the dignity of both individuals. The guilty here will never get the chance to be a part of any other Live-In relationship.
- The law should also be made that the newly formed Section 69 of the Bharatiya Nyaya Sanhita, 2023 will not apply to the couples because the sexual relationship is a part of Live-In relationship culture, and the couple are consensually choosing the Live-In relationship and they are aware of the fact that separation is a possibility in this period.
- If proved in court, the grounds of divorce stated in the Hindu Marriage Act, 1955 will be considered as a reason for separation for the Couple, and the person at fault here, will never be allowed to be a part of any Live-In relationship after that.
CONCLUSION:
In the current scenario of society, citizens should be given the right to choose the way they want to live their life, however, there should also be laws implemented so that nobody can harm other’s dignity and individuality. Indian Parliament has always been very up-to-date while forming laws for the country except for this issue. Live-in relationships are nothing new, we have been hearing about this for a long time now. Slowly and gradually, people are becoming aware of its existence and they do support or criticize the idea based on whatever limited knowledge they own. The Parliament is yet to pass any law so Judicial precedents are the only dignified laws that Live-In couples can use. Society considers this relationship as unethical but the Constitution of India grants the Right to Life and Liberty to all Indian Citizens. The Supreme Court, through its judgment, has rightfully protected this right for unmarried couples who live together. Society is changing and it is better to accept certain changes with time so that nobody feels claustrophobic in the same old traditional way of living. The Indian Society has always been adaptive to the changes and in this case, the country will adopt the idea, but at a slow speed.
REFERENCES:
Acts Referred-
The Constitution of India, 1950
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956
The Hindu Adoption and Maintenance Act, 1956
Domestic Violence Act, 2005
The Bharatiya Nyaya Sanhita, 2023
Case Laws-
- Khushboo vs Kanniammal & Anr (2010) 5 SCC 600. The link for the same is herein: https://indiankanoon.org/doc/1327342/
D.Velusamy vs D.Patchaiammal (2010) 10 SCC 469. The link for the same is herein: https://indiankanoon.org/doc/1521881/
Indra Sarma vs V.K.V.Sarma (2013) 15 SSC 775. The link for the same is herein: https://indiankanoon.org/doc/192421140/
Lata Singh vs State Of U.P. & Another on 7 July, 2006. The link for the same is herein: https://indiankanoon.org/doc/1364215/
Articles-
This Article was originally written by Jheelum Basu and Madhur Sharma and published on the Outlook India Website. The Link for the same is herein: https://www.outlookindia.com/national/live-in-relationships-in-india-legal-but-do-they-have-enough-safeguards–news-238838
This Article was originally written by Shraddha Jain and published on Blog iPleaders website. The link for the same is herein: https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/
This Article was originally written by Sanjay K.K. and published on the Legal Service India website. The link for the same is herein: https://www.legalserviceindia.com/legal/article-10718-live-in-relationship-laws-in-india.html#:~:text=Unlike%20in%20some%20other%20countries,illegal%20or%20a%20criminal%20offense