ABSTRACT:
This article scrutinizes the legal framework governing live-in relationships in India, analysing the evolving jurisprudence alongside the rights and protections afforded to individuals in such arrangements, while also addressing the transformation of social attitudes, particularly among the younger generation, and the judiciary's endeavours to acknowledge and uphold these rights, highlighted by landmark Supreme Court decisions like Indra Sarma v. V.K.V. Sarma and Velusamy v. D. Patchaiammal delineate criteria for recognizing live-in relationships as equivalent to marriage, emphasizing factors such as relationship duration, cohabitation, and financial interdependence. The article further examines legislative advancements, including the pending Live-in Relationship Bill, 2022, and statutory provisions like the Protection of Women from Domestic Violence Act, 2005. Moreover, it articulates the rights and protections granted to individuals in live-in relationships, encompassing maintenance, property rights, inheritance rights, protection from domestic violence, and parental responsibilities. The article asserts that the ongoing societal and legislative debates surrounding live-in relationships in India necessitate a balance between preserving traditional family values and protecting individual rights and liberties, ultimately positing that legal recognition of such relationships marks a pivotal advancement toward a more inclusive and progressive society.
INTRODUCTION:
Indian society has long revered the institution of marriage, with cultural and religious norms emphasizing the significance of this legal union between a man and a woman; however, recent decades have witnessed a gradual shift in social attitudes, as the concept of live-in relationships gains acceptance, particularly among the younger generation, prompting considerable debate and legal discourse in India.
This article scrutinizes the legal framework governing live-in relationships in India, analysing the evolving jurisprudence, the rights and protections granted to individuals in these arrangements, and the ongoing societal and legislative debates surrounding the issue, ultimately seeking to furnish a thorough comprehension of the present legal landscape and prospective advancements in this dynamic realm of Indian family law.
THE EMERGENCE OF LIVE-IN RELATIONSHIPS IN INDIA:
Historically, Indian society regarded live-in relationships with considerable stigma, perceiving them as incompatible with traditional marital and familial norms; however, urbanization, global cultural exposure, and the evolving aspirations of the younger generation have fostered a gradual transformation in these attitudes.
Contemporary society increasingly embraces live-in relationships, especially among urban and educated populations, as a method for individuals to assess compatibility and foster personal development prior to contemplating the commitment of marriage; this evolving perspective has prompted a rising number of middle and upper-class individuals to choose cohabitation.
THE LEGAL LANDSCAPE SURROUNDING LIVE-IN RELATIONSHIPS:
The Indian judiciary has engaged in extensive deliberation and legislative debate regarding the legal status of live-in relationships, progressively recognizing and safeguarding the rights of individuals while traditionally prioritizing the institution of marriage.
JUDICIAL INTERPRETATIONS AND LANDMARK DECISIONS:
The Supreme Court of India has significantly influenced the legal framework governing live-in relationships, endeavouring to delineate the parameters and legal ramifications of these arrangements through a series of landmark judgments.
The 2010 decision in Indra Sarma v. V.K.V. Sarma marked a pivotal moment when the Supreme Court acknowledged the concept of a "domestic relationship" and determined that live-in relationships, meeting specific criteria, could be regarded as equivalent to marriage, emphasizing factors such as relationship duration, shared living arrangements, and financial interdependence as critical elements in assessing the relationship's nature.
In the 2013 case of Velusamy v. D. Patchaiammal, the Supreme Court established the criteria for recognizing a live-in relationship as a "relationship in the nature of marriage," which necessitates that the couple presents themselves to society as akin to spouses, maintains a substantial degree of permanence in their relationship, and has cohabited and shared a household at some juncture.
The Supreme Court, in the 2018 case of Indra Sarma v. V.K.V. Sarma, affirmed that a woman in a live-in relationship akin to marriage possesses the right to seek maintenance and other matrimonial remedies under the Domestic Violence Act of 2005.
LEGISLATIVE DEVELOPMENTS AND STATUTORY PROVISIONS:
The Indian Parliament has proactively sought to clarify the legal status of live-in relationships by introducing the Live-in Relationship Bill, 2022, which aspires to confer legal recognition and protection upon individuals in such arrangements; although the bill remains pending, it signifies a pivotal advancement toward the formal acknowledgment of live-in relationships within Indian jurisprudence.
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) encompasses live-in relationships, offering legal recourse and safeguarding women, including those in such arrangements, from domestic violence and various forms of abuse.
RIGHTS AND PROTECTIONS AFFORDED TO INDIVIDUALS IN LIVE-IN RELATIONSHIPS:
Changes in the law have brought about acknowledgement of certain rights and protections for individuals in live-in relationships within India. These are:
1.Maintenance and Alimony: The Supreme Court has decided that a woman in a relationship similar to marriage, if the relationship is considered as one, can demand maintenance and other matrimonial reliefs under PWDVA.
2. Property Rights: In some situations, the courts have acknowledged the property rights of live-in partners. This is particularly true for those who have helped with getting or looking after shared property.
3. Inheritance Rights: A lady in a live-in relationship, if the connection is similar to marriage, can be seen as a "legal heir" by the Supreme Court and she has right to demand part of her partner's property when they pass away.
4. Protection from Domestic Violence: PWDVA, that is The Protection of Women from Domestic Violence Act, gives women rights to legal action and safety against domestic violence and all kinds of abuse even if they are in a live-in relationship.
5. Parental Responsibilities: In live-in relationships, courts have acknowledged the parental rights of individuals and provided them with identical rights as married couples in regards to child custody and maintenance matters.
SOCIETAL AND LEGISLATIVE DEBATES:
India's journey towards accepting and legally recognizing live-in relationships has had its own societal and legislative discussions. Some of the main points of argument are:
1. Traditional Family Values: Supporters of traditional family values claim that live-in relationships hurt the sacredness of marriage and traditional family setup, which are important parts of Indian cultural and religious customs.
2. Moral and Ethical Considerations: Worries regarding the moral and ethical effects of live-in relationships have been expressed, especially thinking about how it might influence views in society and affect the welfare of kids born within these living setups.
3. Legal Complexities: The legal acknowledgement of live-in relationships brings up concerns about possible misuse, especially towards women, and the necessity to set up distinct legal structures for safeguarding the rights of everyone included in such a relationship.
4. Inheritance and Property Rights: The matter of inheritance and property rights in live-in relationships is a topic that has been discussed for some time, with people expressing worries about possible mistreatment as well as the requirement to keep things fair between partners and their lawful beneficiaries.
5. Marriage's Effects: People say that giving legal recognition to live-in relationships could weaken marriage as an institution, causing less of the usual family structure and related social-economic effects.
CONCLUSION:
Recent years have witnessed a profound transformation in the landscape of live-in relationships in India, propelled by shifting social attitudes, judicial interpretations, and legislative advancements. Although the legal system acknowledges the rights and protections granted to individuals in these arrangements, persistent debates and concerns regarding the societal and ethical ramifications continue to influence the discourse.
As India navigates this dynamic landscape, it must strike a balance between upholding traditional family values and safeguarding individual rights and liberties; the legal framework governing live-in relationships must evolve to offer clarity and security to all parties involved while addressing the legitimate concerns of the broader society.
The acceptance and legal recognition of live-in relationships in India signify a substantial advancement toward a more inclusive and progressive society that honours diversity and acknowledges the evolving dynamics of personal relationships; as the nation navigates this intricate issue, it aspires for a future shaped by a dedication to justice, equality, and respect for individual autonomy.