THIS ARTICLE HAS BEEN WRITTEN BY SHUBHAM KUMAR SINHA, A 1ST YEAR STUDENT AT NATIONAL LAW UNIVERSITY ODISHA(NLUO), CUTTACK
Abstract-
In recent years, India has witnessed a significant shift in societal norms, with a notable rise in the prevalence of live-in relationships. This article delves into the evolving landscape of personal relationships in the country, examining the legal recognition of live-in relationships. The exploration spans historical perspectives, judicial precedents, legislative developments, and the attendant challenges and controversies. As societal attitudes transition from traditional to modern, the article analyzes the impact on families and communities. Drawing a comparative analysis with international legal frameworks, especially in countries like France and Canada, provides valuable insights for potential legislative reforms in India. The conclusion emphasizes the need for a comprehensive legal framework to address the complexities of live-in relationships, considering the rights and responsibilities of individuals and the broader societal implications. The article advocates for swift legislative action to provide clarity and protection for the growing population engaging in live-in relationships in India.
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introduction
In recent years, the understanding of personal relationships in India has changed drastically, marking an equal rise in the prevalence of live-in relationships. A live-in relationship is a arrangement where two consenting couple decides to share a domestic life without marrying each other. This new trend in the Indian society reflects changing personal choices, societal values, and pursuit of individual freedoms.
The increase in live-in relationships is not something which is happening without any solid reasons but is can be pointed to changing demographics, urbanization trends, and transforming societal norms. According to recent data collected from a study it indicates that, there is an increase in number of couple who opt to live-in rather than engage in the union of marriage. This trend is more seen in urban areas where the economic independence, changing gender dynamics, and a progressive mindset have led to acceptance of such types of relationship.
The purpose of this article is to delve into this topic and examine the legal recognition to live-in relationships in India. We will analyze this with the help of judicial precedents, legislative developments and legal debates surrounding live-in relationships.
It is important to examine this topic as the concept of live in relationships does not only important for the individuals who are directly engaged in it but also the society at large. As we are progressing as a society from being tradition to a more modern world it is important to analyze the changing societal norms and ways. To analyze this we will take help of a bit of history and some judicial precedents, also we will analyze how this lead to legislation and also evaluate the socio-legal setup of live-in relationships in context of our country.
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historical context
To understand the new trend of live-in relationship it is important to look at the historical background of the same. Historically Indian society has a very engraved feature of strong family ties and there had been a lot of emphasis on arrange marriages. A marriage was not seen only as a union of two but it was also a social contract, a union of two families and communities. However as we progressed both in social and economic sense, there marked a shift in societal attitudes towards relationships. With the arrival of globalization, urbanization and increased influence of western world, the traditional notion of relationship got eroded gradually. The newer generation choose to resist the familial expectations and pressed for individual desires in the matter of choosing their partner and deciding about their love life. This gradual shift marked the arrival for the concept which we are discussing today, the idea of live in relationships. Although this concept of two couples living together without getting married was not entirely new but as we progressed its acceptance and prevalence increased remarkably due to factors such as economic independence, educational opportunities , changing gender roles, giving rise to more liberal and individualist society.
We can very well say that the live in relationships is not a departure from tradition but a response to the evolving societal norms. The legal consideration for the same must be looked with the backdrop of societal transformation and aspirations of a modern and a dynamic society.
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legal recognition
The legal recognition of live-in relationships have undergone a gradual change shaped by judicial precedents and legislative amendments. The core of this recognition marks the acceptance of the legal fraternity to adapt and accommodate the newer dynamics of our evolving young society.
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Judicial precedents:
One of the important area to examine the legal recognition of the live-in relationship is to analyze the judicial decisions given by the learned courts of our country. Judiciary through series of rulings has played an important role in framing the rights and responsibilities of individuals in live-in relationships.
One of the significant event in this regard was the supreme court’s decision in the case of S.Khushboo v. Kannialmmal in 2010. The court held that living together is a part of fundamental right of right to life and adults are free to do so. This ruling set the precedent by recognizing the right of individuals in choosing their partners and to decide their future themselves and the important right to privacy.
In the follow up cases such as Indra Sarma v. V.K.V. Sarma (2013) , the court further pressed that the principle of live-in relationships deserve legal recognition and protection. The court in this case created an exception to the relationships that are in nature of marriages and recommended that the scope of the legal rights given to married women should also be expanded to take the unmarried couple who are in live-in relationship under its ambit.
These judicial judicial precedents mark a departure of traditional norms and acceptance of changing dynamics of relationships by our judiciary. However this is not all good , since in absence of any proper legislative guidelines different courts adopt a different approach in this matter and hence a need for uniform legal framework is important.
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Legislative developments:
The legislative response to this new trend has lagged behind the judicial precedents. Unlike the countries like France and Canada, where a legal framework is established to address the rights and duties of couples who are living in live-in relationships, India has not yet have legislated any framework on this matter.
This legislative void left often creates problem for people under such kind of set up with the issues concerning property rights, inheritance , and maintenance. However certain enactments indirectly governs couples under the live in relationship set up for example, the protection of woman from domestic violence act,2005 also have women in live in relationships under its ambit regardless of their marital status.
Efforts are being made to enact a specific provision for live-in relationships. In 2010, the national commission for women proposed amendments to protection of women from domestic violence act to include women who are in live- in relationships. However, these proposed amendments are still to be made.
The legislative void urges for a need of a legal framework which would recognize and protect the rights of individuals who are in live-in relationships. It is an area which needs some legislative works to bring clarity about the rights and duties of individuals who wishes to live together outside the institution of marriage.
Challenges and controversies
While the legal side of live-in relationships have shown some progress it is not free from challenges and controversies. The acceptance of such kind of setup sparks debate around morality, cultural values, and the purity of institution of marriage. Understanding these debates are also an important aspect of analyzing the legal recognition of the set up.
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Resistance by society:
One of the important challenges comes out from the deeply engraved societal norms and conservative mindset of society towards relationships outside the institution of marriage. Live- in relationship despite of increase in trend, continue to face opposition from different segment of society which sees them as something eroding their cultural traditions.
Morality and ethics are often lectured while supporting such kind of opposition. Conservative argues that the purity of marriage is insulted by acceptance and recognition of the vulgar set up of live in relationships. This resistance is not only confined to a particular social and economic strata but is widely prevalent among the cultural sentiments of the older generations. And this difference in individual aspiration and societal expectations is a big problem. While judiciary have accepted that it is the right of individuals to choose their partners and their living arrangements but the society creating resistance is a big challenge for acceptance of live-in relationships.
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Legal ambiguities:
The void left for any legislative framework for live-in relationships leads to legal ambiguities and uncertainty. Unlike marriages which are governed by specific personal laws, live in relationships are often left in grey area, surrounded by uncertainty.
These uncertainty often surfaces at the time of disputes when there is no clear picture what is the way forward. The lack of provisions also makes the individuals in live-in relationships vulnerable.
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Child custody and inheritance:
In absence of proper statutory law governing these in live-in relationships, disputes regarding the same is often very emotionally traumatizing.
Courts in these scenarios turn to existing laws related to guardianship and succession, however in absence of proper rules these rulings can often be inconsistent which may lead to miss delivery of justice. Hence a proper framework is much required.
Comparative analysis
To gain a more clear picture on this issue let us see a comparative analysis with other countries. This comparison of legal framework can help India to create its own.
Several countries including , France, Canada, and Australia have made their own laws specifically governing the live-in couples. These legislations shed a clear light on rights and responsibilities of such couples in that particular country, covering various aspects like property rights, financial responsibilities and inheritance.
In France for example, couples in a Pacs (Civil solidarity pact) have legal recognition and certain rights which is very similar to that of in institution of marriages. In Canada the law recognizes such relationship for various purposes including property division and maintenance in case of separation. Anaylsing these enactments can have lessons for our country for drafting a legal framework that can balance the societal interest and individual rights.
India being a diverse land can take teachings from various these international experiences to formulate its own law, these laws can serve as a reference point for our legislature.
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conclusion
In conclusion, the legal recognition of live-in relationship is multi dimensional. From traditional norm of arranged marriages to the current landscape of live-in relationship, India’s response to such setup indicates its balance for tradition and modernity. Judicial precedents have played an important role in accepting such relationships and by ruling it to be valid in the eyes of law. Landmarks decisions like the one mentioned have laid the foundational stone for legal recognition of such laws.
However the legislation is still lagging with no dedicated law pertaining to live-in couples giving rise to challenges. The societal implications of such set up is beyond the two individuals directly involved, it influences dynamics of a family and social attitudes. Certain issues need to be resolved on war foot basis like the impact on child born out of live-in relationships and his/her legal rights. For big issues like this we need to hurriedly pass a enactment for such relationships as day by day it is becoming prevalent and we cannot leave a vast population in a grey area.
References
- This article was originally written by Sanjay published on legalserviceindia. The link for the same is herein
- this article was originally written by rohit ray published on livelaw. The link for the same is herein
- this article was originally published on vakilsearch. The link for the same is herein
https://vakilsearch.com/blog/live-in-relationship-law/
- S. Khushboo v. Kanniammal & Anr. (2010) 5 SCC 600
- Indra Sarma v. V.K.V. Sarma (2013) 15 SSC 775