The Vulnerability Of Live-In Couples In India

The restrictive nature of legal provisions for live-in couples allows social conservatism to influence the Justice System.

Live In Relationship

• About: A live-in relationship is basically an arrangement made by two people in a romantic and sexual relationship where both partners tend to cohabit with each other just like they are married. This term is generally applied to those couples who are not married.
• Status in India: Live-in relationships are not explicitly recognized by Indian law, but they are also not illegal. 
• Legal provisions supporting live-in relationships: 
  • Article 19: Grants the right to freedom of speech and expression, and the right to reside and settle in any part of India’s territory.
  • Article 21: Protects the right to life and personal liberty.
• Recognition for the first time in court: 
  • The Protection of Women from Domestic Violence Act, 2005 (PWDVA) recognized live-in relationships for the first time. 
  • It provides rights and protection to women who are not legally married but live with a man in a relationship similar to marriage, giving them rights similar to, though not the same as, a wife.
  • The law offers protection against domestic violence to women in such setups and property rights to children of such couples.

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Issues With respect to Live In Relationship Couples

• Legal Ambiguity in Live-in Relationships : While live-in relationships are not illegal, they lack the rights and social acceptance that come with marriage.
• Emotional, Physical and Psychological Risks: In Chawali v. State of U.P. (2015), the Allahabad High Court, cautioned about the emotional and psychological risks of live-in relationships. 
  • The court noted, “In some cases, live-in relationships may lead to negative outcomes, such as sexual exploitation, physical violence, emotional abuse or involvement in crimes. 
  • While not all live-in relationships have harmful consequences, courts lack a reliable way to assess the true intentions of individuals entering such relationships.”
• Privacy Concerns: Cases like the Shraddha Walker incident highlight how live-in relationships can sometimes lead to breaches of privacy and personal data, especially when they become the focus of media attention
• Lack of Social Acceptance : Live-in-relationship challenges traditional norms of family and marriages in India. Many consider them to be a “western concept”, leading to societal disapproval from families.
• Negotiating Law is a challenge for the Live In Couples: Courts interpretations often expose live-in couples to vulnerability as they uphold traditional practices during trials, leaving the live-in couples without full legal protection.
  • Example: Madhya Pradesh High Court (2024): In 2024, the Madhya Pradesh High Court dismissed the plea of an interfaith couple seeking police protection and marriage registration, stating that their union (Muslim man and “fire-worshipper” woman) was not valid under Muslim law.
    • The couple failed to prove financial dependency or long-term cohabitation, which were deemed essential to prove a relationship akin to marriage.
• Social Stigma: Live-in relationships are still viewed with suspicion or disapproval. This can lead to social isolation and a lack of support from family and friends.

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Need to Rethink Laws and Social Practices in India

• Utilise Law as a Corrective Tool: It is important to debate and refine the role of law as a means to address and correct prevalent discrimination, ensuring legal frameworks better support and protect all individuals.
• Leverage Pluralism: India’s religious and legal pluralism offers a crucial opportunity to rethink and realign the connections between law and social practices.
• Empower Non-State Actors: Support for non-state actors who help individuals express their autonomy is essential. This can lead to shifts in societal attitudes and encourage positive change.
• Transform Socialization and Community Networks: Initiatives should aim to transform attitudes towards socialisation and create supportive community networks that embrace diversity and inclusivity.

Conclusion

Live-in relationships in India are increasingly recognized, reflecting shifts in societal attitudes and legal frameworks. While legal protections exist, social stigma still persists. There is a need for continued reforms and awareness efforts to ensure equal rights and respect for the Live in couples in the society.

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