Violence Against Women in India is basically physical or sexual violence
committed against women. Who have been an integral part of India's culture and
society since ancient times. However, the status of women in India has been a
topic of debate and concern for many years. Regardless of the progress made in
recent years, there are still many challenges that women in India face today.
Earlier women faced problems like child marriage, sati pratha, parda pratha,
restriction to widow remarriage, widow exploitation, devadasi system, etc.
However, almost all the old traditional problems have disappeared gradually from
the society but given rise to other new issues for women. They are getting
affected by various kinds of violence, Gender-Discrimination, Stereotypes, Dowry
System, Cyber-crimes like forcefully making her watch obscene videos, recording
her in private space without consent and more. In India, live-in relationships
refer to couples who live together under the same roof without being married.
While this concept has become increasingly common in recent years, the laws
regarding live-in relationships in India are still evolving. Unlike in other
countries, live-in relationships are not recognised as a legal union under any
law in India. Live-in Relationships are something very new to our society and
country and hence we are not aware about the rights and rules and specifically
the harmful effects of Live in relationships. Women in live-in relationships are
facing domestic violence, abuse of all kinds and they may not have legal
protection against such violence.
Introduction
The concept of live in relationships was something avoided Indian society for a
long time, it was considered something against the culture and was considered
something that could hurt religious sentiments. A live in relationship is
basically an arrangement and agreement of two people involved romantic and
sexual relationship as partners for a long term or permanently decide to live
together without any official status of Marriage or a married couple.
There is
no legal barrier in live in relationships between the couples which leads to
many social disorder and crimes. There are many basic rights of married couples
that live in couples lack, they even lack a basic registration, if they want to
get separated, a divorce is not required, They don't hold status of Husband and
wife and because they don't hold any status they don't hold any rights under
property law , religious rights and more which is something very questionable
and unjust mere legalisation of the relationship is not working well. There are
several personal laws which govern and protect the married couples but still
live in couples are not considered legal or the legality of the relationship is
still questioned
Research Methodology
The method of research used for this article is Qualitative research of
Doctrinal Nature. Various legal research papers, articles, and commentaries have
been referred to. The Doctrinal Research Methodology has helped the researcher
to study the jurisprudential aspect of the subject matter with the help of
various books and journals which have been used for qualitative research.
Jurisprudential Aspect Of The Topic:
In India, the legality of live-in relationship stems from the Articles 19(a) –
right to freedom of speech and expression and Article 21- protection of right to
life and personal liberty. In 2006, the Supreme Court in
Lata Singh vs State of
UP ruled that two persons of opposite sex living together are not doing anything
illegal
Content
There is no law specifically addressing live-in relationships, but the Indian
judiciary has developed jurisprudence over the years through a series of
judgements. According to the SC judgment in Badri Prasad Vs Dy. Director of
Consolidation (1978) live-in relationships in India are legal but subject to
caveats like age of marriage, consent and soundness of mind. The question of the
legality – or legitimacy – of live-in relationships was relatively simple for
the courts to settle as fundamental freedoms are mostly elastic and courts have
interpreted them broadly.
However, several laws in different aspects pertaining
to live-in relationships continue to be too rigid for the courts to extend or
interpret them for the benefit of live-in partners. Live-in relationships are
Legal in India after the landmark case of S. Khushboov. Kanniammal
(2010) 5SCC 600, the Supreme Court held that a living relationship comes within
the ambit of right to life under Article 21 of the Constitution of India. The
Court further held that live-in relationships are permissible and the act of two
major living together cannot be considered illegal or unlawful. But even after
legalising this, the couples hold very less legal Rights which leads to many
crimes specifically with Women. In the past few years, the cases of Live-in
abuse has increased in India.
Live in relationships are considered presumptions
of marriage which creates a level of trust between the couples, they are into
sexual relationship not only for pleasure but also for emotional and intimate
relationship. But this concept had added to the lists of crime against women
because again women are getting abused by their partners in many ways. Recently
several cases have been filed by women living with partners of harassment,
forced sex, domestic violence, verbal abuse and more.
We all are very much aware
about the case of Shraddha in Delhi, it was very saddening to hear people
questioning Shraddha for the choice of living in a live in relationship, some
even justified the brutal murder by questioning her character as mentioned above
live in relationships are legal but still a taboo for Indian Society, till now
it is not considered something Morally Right. Legal Rights of Women in Live in
Relationship in India:
- Right to Protection against Domestic Violence in Live-in Relationship: In addition to married women getting rights against domestic violence, women living in live-in relationships are also protected under the PWDV Act.
- Right to Shared Household in Live-in Relationship: Under the DVC Act, 2005, the live-in partner would be entitled to a shared household as well.
- Right to Visa Extension in a Live-in Relationship: In the landmark case of Svetlana Kazankina vs Union of India, SC addressed the problem of visa extension only on proof of marriage. The court granted visa extensions to live-in couples as well.
- Rights of Children Born in a Live-in Relationship: In 1993, the Supreme Court granted legal validity to children born from a live-in relationship.
- Right to Maintenance in Live-in Relationship: It was held that under Section 125 CrPC, spouses can claim maintenance. Women can seek compensation under Section 20(3) of the Protection of Domestic Violence Act, 2005, after demonstrating that their live-in relationship was in the nature of marriage and constituted a domestic relationship.
All these rights are given to the women who are a part of live in relationship,
still all these are lacking somewhere or the other as woman are facing abuse on
higher level, the society accepts the fact and has started normalising live in
abuse because they believe anyway women in such commitments are of loose
character and have somewhere or the other given consent for the same.
Supporting Case Laws:
- S. Khushboo v. Kanniammal (2010):
The Supreme Court reiterated that A live-in relationship between two consenting adults of heterogenic sex does not amount to any offense (with the obvious exception of 'adultery'), even though it may be perceived as immoral.
- Chanmuniya v. Chanmuniya Kumar Singh Kushwaha (2011):
The High Court declared that the appellant wife is not entitled to maintenance on the ground that only a legally married woman can claim maintenance under Section 125 CrPC. However, the Supreme Court overturned this decision and awarded maintenance to the woman, stating that provisions of Section 125 CrPC must be considered in light of Section 26 of the PWDVA. It was held that women in live-in relationships are equally entitled to the claims and reliefs available to a legally wedded wife. This was reiterated in
Ajay Bhardwaj Vs Jyotsana (2016). In Lalita Toppo vs State of Jharkhand (2018), the SC held that the victim, whether an estranged wife or a live-in partner, would be entitled to relief under the Act, including the right to reside in a shared household.
- D. Velusamy v. D. Patchaiammal (2010):
The Supreme Court laid down certain criteria to determine whether a relationship between two adults, who are not married, qualifies as a relationship in the nature of marriage within the ambit of domestic relationships under the Protection of Women from Domestic Violence Act, 2005.
- Indra Sarma v. V.K.V. Sarma (2013):
The Supreme Court held that a woman in a live-in relationship is entitled to protection under the Domestic Violence Act, 2005, and is entitled to maintenance if the man deserts her or refuses to maintain her.
- Payal Sharma v. N. Talwar (2018):
The Delhi High Court held that a woman in a live-in relationship is entitled to the same rights as a legally wedded wife under the Hindu Marriage Act, 1955. A child born out of such a relationship is entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956.
- Lalita Toppo v. State of Jharkhand (2018):
The Supreme Court held that a couple in a live-in relationship can be deemed to be married if they have lived together for a long time and have been accepted by society as a married couple.
Final Results And Findings
"
Living together is a Right to live", The Supreme Court of India said that there
are no laws which prohibit pre-marital sex or living together under the same
roof without marriage is a crime and considered this as a fundamental right of
couples to live the way they want .In India live-in relationships accepted as an
alternative to marriage and not just by young couples but also by older people
who want companionship without getting married.
The government has taken steps
towards recognising live-ins with respect to property rights and inheritance
benefits which were long overdue. There is no age limit for the couples as long
as both of them are above the age of 18. In many modern societies, live-in
relationships have become more widely accepted as attitudes towards
relationships and marriage have evolved. As the law doesn't recognise this
relationship as marriage the laws of inheritance, divorce and more are still not
given to couples living in live in relationship
the courts have held that a woman in a live-in relationship can claim
maintenance under the Act if she is able to prove that the relationship is akin
to a marital relationship.
-
Domestic Violence Act, 2005:
The Domestic Violence Act provides protection to women in domestic relationships, including those in live-in relationships, against violence and abuse. The act recognizes live-in relationships as a relationship in the nature of marriage and provides protection to women in such relationships.
-
Protection of Women from Domestic Violence Rules, 2006:
The rules made under the Domestic Violence Act provide for the procedure for the application for protection orders, residence orders, and monetary reliefs by women in live-in relationships.
-
Protection of Women from Domestic Violence (Amendment) Act, 2013:
This amendment to the Domestic Violence Act, 2005, includes relationship in the nature of marriage within the definition of domestic relationship. This includes live-in relationships, and women in such relationships are entitled to protection under the Act.
-
Indian Penal Code:
The Indian Penal Code provides for criminal liability for offences like rape, adultery, and bigamy, which can also be applicable in cases of live-in relationships.
There are no specific laws for couples or women living in live in relationships,
but our legal system has evolved and has given legal recognition and protection
to them.
Suggestive Measures
Firstly, the idea of live in relationship should be treated like a concept and
not a taboo, In Our Society People are judged on various aspects such as
pre-marital sex is considered immoral and specifically women here are judged,
their character is questioned. Mere Legalisation of Live in relationships will
not help, we need more laws to protect the rights of the couple specifically
women because they are the ones facing a lot. The government should make a
contract between the couple so that they at least fall on some documents, in
some cases it was seen that there was a denial of staying in live in
relationship and because there are no records of couples the abuser was set
free.
We need to understand that people living together in live in is consensual
but doesn't justify any abuse, nobody gives consent to get abused.Live in
relationship is still considered very informal which is not acceptable as our
judicial system has recognised It, but still it is considered just an idea to
have funn, or considered mere western influence .
Conclusion
As we conclude, Live in Relationships are not just a sexual relationship, it is
also a concept helping out couples to understand better and lead a better life.
In the present world scenario we see how crimes are increasing after marriage ,
high rates of divorce too , one the major the major reasons of divorce is
couples are not compatible with each other, living together helps better
understanding between couples. Presumption of consent in any kind of Abuse
related to women in live in relationship is wrong and immoral, judging a
decision of living together and questioning the character of women is totally
unacceptable and should be stopped.
In our society abuse in live is considered
consensual because we address this relationship as a personal choice of
individuals, indeed it a personal choice but consent to live together can never
consent to abuse , Our society has normalised the abuse in marriages by saying
it's a personal matter and here in live in relationships Women are targeted the
most , their character , choices are questioned, it is believed that "it is what
it is" or what else were women expecting from such informal relationship.
It is
so immoral to even give justification of abuse women are facing specifically
when their decision to just live with their partner is questioned, their consent
to pre-marital sex is questioned and it is believed that women who are
consenting to live in relationships are consenting to Abuse or somewhere they
"Deserve" it. The concept that women deserve such abuse just because they agreed
for a live in relationship Is never justified would never be justified in our
legal world, laws are equal for everyone , laws are made to safeguard lives and
choices live in relationship is a choice that every humans deserves to have.
References:
- https://tripakshalitigation.com/legality-of-live-in-relationship-in-india/
- https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/
- S. Khushboo vs Kanniammal & Anr (2010) 5 SCC 600
- Chanmuniya Vs. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141
- D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
- Indra Sarma v. V.K.V. Sarma (2013) 2104 SC 309
- Payal Sharma v. N. Talwar (2018)
- Lalita Toppo v. State of Jharkhand (2018) Criminal Appeal No(s). 1656/2015
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