LIVE- IN RELATIONSHIPS IN INDIA BY - AKARSHITA
Live- in relationships in india
AUTHORE BY - AKARSHITA
3rd year, BBA LLB (H)
BENNETT UNIVERSITY
ABSTRACT
The paper deals
with one of the contemporary topics of concern – live-in relationships.
Live-in relationships are becoming widely popular among the youth of the nation,
though they might not be open about it publicly or to their relatives. With
the rise in this culture, there is an urgent need to address the issues
related to it. Starting from a brief introduction of the origin of live-in
relationships Indian history, the paper descends to the current situation of
such relationships in India. The paper would then proceed to discuss the scope
of such relationships. It is a fact that
things devised for the aid of human society always find its way to get
exploited and serve the undesired purposes. Similarly, live-in relationships
were devised to enjoy the companionship of the loved ones, without commitments
and formalities, but the fact that a number of cases of domestic violence are
now increasingly being filed by the live-in relationship couples points out
the lacuna that this setup witnessed. Despite the emphasis laid down by the
judges in various cases to do justice with such victims, the absence of a
precise special statute allows these exploitation continuously.
Recommendations then include the
need to form a proper statute in place, among others followed by the
conclusion.
INTRODUCTION
The post deals with one of the
contemporary topics of concern – live-in relationships in India. Live-in
relationships are becoming widely popular among the youth of the nation, though
they might not be open about it publicly or to their relatives. It is this
topic that the paper critically analyses. With the rise in this culture, there
is an urgent need to address the issues related to it. We must appreciate the
scope of such relationships, the pros, and cons of it. One must utilize the
opportunities associated with it and try to eliminate the threats so as to
guarantee protection to the vulnerable and construct a way to harmoniously add
this culture as socially acceptable. The paper would also discuss a brief
history of the origin, apart from different country perspectives.
LITERATURE And DEVELOPMENT
a. History
Live- in relationship is not defined
anywhere but is generally characterized by the cohabitation of two people – a
couple, related to each other not by blood or by law but out of love (at least
on the face of it). The couple, be it a combination of two males, two females,
or a heterosexual couple; live together under one roof and share the daily life
encounters under each other’s support and companionship along with the other
side of the relationship.
This concept of cohabiting together
without being tied in the wedlock might seem a result of the western culture influence
but the presumption is not true. On the contrary, such set ups were also evident
in the Vedic eras as was pointed out by Manu in his Manusmriti. However, they did not enjoy the confidence of
the popular opinion. Such relationships were treated as a sin and not regarded as a regular from of marriage.
Instances of such relationships are
pointed out in Manusmriti - Gandharva Vivah, wherein two consenting people
decided to live together as partners out of affection for each other. For such
an arrangement, they did not seek anyone’s permission or will; nor did they
performed any rituals or ceremonies to call it an official wedding in eyes of
the society. The maximum they did was taking vows for each other that too in
absence of any pandit to enchant mantras. Thus, it consisted wholly and solely
of these two people.
b. Current Situation –
In India, it is continuously becoming a
welcome concept. People tend to enter into these relationships for the fact
that they would not be burdened with any sort of formalities and commitments.
They want an easier way out. In the modern India, the scope of these are really
wide. It can be out of love and affection or plainly out of lust. It can even
be for compatibility detector as a pre marriage milestone or just a serious
relationship without any such conditions.
Talking on legal perspective, our
courts recognize some definite kinds of domestic relationships as live-ins –
a. a male and a female, both adult, both
consenting, both unmarried
b. unmarried female, married male, both
adult, both consenting
c. unmarried male, married woman, both
adult, both consenting
d. unmarried female, consenting under
mistake, married male, both adult[1]
There is one more kind of
relationship but that is not under the purview of “relationships in the nature
of marriage” – it is same sex relationship[2]. This
interpretation comes from the definition clause of Domestic Violence Act, 2005[3].
Thus, this paper deals with only
those relationships as accepted under the statute.
PROS AND CONS
a. Attractions –
There are ‘n’ number of prima
facie attractions associated with cohabiting together without having to
bear the burden of responsibilities and duties. Any couple, especially the latter
half of Gen Y and the former half of Gen Z, seem to be really enthusiastic
about such ideas and tend to try it once in their lifetime.
The reasons owing to such
inclinations are many. There are no commitments for the parties, they are not
under the societal pressure of starting their own family through marriage or
procreation. The idea in itself seems very adventurous and radical, which excites
any youth. They believe that since it is totally their choice, therefore there
is no regrets and there will only be the good part of the relationship, and
when it descends toward getting bad, they can walk out of it.
It is also a way out of age old conventions.
Since it is totally the practice of one’s choice, The couple can decide and
distribute responsibilities as per their capabilities. Therefore in a country
like India where women are mostly golden with household worlds while the men
are burdened with the financial liabilities, here the couple can enjoy doing
both kinds of work without being judged. It brings about tolerance. Even if the
person is not willing to do it, he will do it out of love for his counterpart.
It eliminates matrimonial complications
like the formalities with which the in -laws should be treated, or the
incapability of walking out of the marriage because of the fear of being looked
down as a person with estranged marriage, especially for women in Indian
society.
b. Stumbling blocks –
Being in a live-in relationship might
sound fun, as it allows one to be “enjoy their life at the fullest” but in
actuality, it attracts a lot of societal and legal complications. To begin with
deposition is not committed and thus, he/she may get out of the relationship
whenever he/she wants. This would affect the mental health of the other partner
severely. The left out partner might be the victim of depression, anxiety etc.
as it does not turn out to be that casual always. And it is more than obvious,
being with someone under one roof for a considerable period of time, to develop
feelings and sentiments for them.
Further since there is no surety of
commitment, one might misuse it out of being immature or selfish or any other
likewise possibility. There is no societal or legal bar on him or her that
would prevent him or her from escaping this relationship. Most people don’t
realise that even though they are trying to escape responsibilities, it is
actually inevitable, even though at a smaller scale.
Further, there is also this
possibility that the partner is subjecting his or her counterpart with cruelty,
either mental or physical. It might so happen that the partner is subjected to
physical violence frequently. However the victim is not seeking help out of the
fear that he/she is living outside the law. Other fears that might encircle the
victim are the social stigma or the taboo of being in a live - in relationship.
Moreover since there is no legality
of their relationship many legal complications overflow. They do not enjoy the
security and confidence of valid relationship as that of a marriage. Anyone can
come and question the status of their relationship and they would not be in a
situation to escape these unpleasant encounters. The fear will always exist.
Other serious matter can be unwanted
pregnancy. In such situations since it was not desired, therefore it may happen
that the pregnant woman is forced to tackle with this situation all alone
because there exists no commitment. The male partner can easily take undue
advantage of this.
Another most notorious aspect of this
cohabitation is the result of the process of procreation. The law does not
guarantee any legal status to the children born out of live -in relationships.
As per the case law of Bharatha Matha Vs. R. Vijaya Renganathan[4],
these children are equivalent to the illegitimate children and thus are void of
many basic rights, which they would have enjoyed had they been the result of a
lawfully wedlock procreation. All these hardships met out to the children and
that too when they are at no fault for the situation they are in. However,
there are judicial pronouncements made in contradiction to the decision passed
above, in an attempt to ease the sufferings of the innocent. For example, in
the case of Tulsa Vs. Durghatiya[5]
, the norm was relaxed, and such children were given the status of akin to
legitimate, provided the couple don’t treat this relationship as a mere casual
“walk in and walk out” relationship. Similar was the condition in the case of Radhika
Vs. State of Madhya Pradesh[6], where
it was mandated for the couple to be in the relationship as husband and wife
for a considerate long period of time in order to grant the status of
legitimate child to the child born out of search relationship.
LEGAL STATUS
a. Of the couple
Having been witnessed the numerous
problems associated with this “walk in and walk out” relationship, the paper
now ascends towards looking into the legal journey and implications of this
kind of relationship in India. The focus is now put into the redressal of these
problems. The main problem comes here, as it is a well settled principle of any
law that Ubi Jus Ibi Remedium. This undisputed principle in Latin means
that where there is right there is remedy. So, that’s where the vagueness
comes. The important question under concern is whether there exists any right
at all for these people, who have gone far and beyond the societal norms to
cohabit, in order to seek remedy. Unfortunately the answer to this is no. In
India there is no special law enacted yet to address and govern the laws
relating to live in relationships.
However it cannot be said that the law is
totally silent and shun about this topic. Owing to the increasing numbers
related to these, the judiciary has from time to time, intervened in order to
do justice to the aggrieved party. There has been numerous judicial
pronouncements to safeguard their rights. To begin with we had a landmark case
in the year 2010, D. Velusamy Vs. Patchaiammal[7],
wherein it was stated that women in live-in relationships are eligible to get
maintenance from her male counterpart through the interpretation of section 125
of CrPC, provided that they meet certain conditions.
Apart from these there have been
enactments of statutes that do not address the issues of these directly, rather
help them in an indirect way. The referred statute is Domestic Violence Act,
2005[8].
The definition clause of this act describes the purview of domestic
relationship, where in it includes persons who have lived together at any point
of time by the virtue of any relationship in the nature of marriage, in a
common household. It thus impliedly extends its protection to the women in the
live- in relationships against various instances of domestic violence as
described in the act[9].
Our Constition[10] also
allows the cohabiting of a couple under one roof as legal owing to the reason
that it is the fundamental right of any citizen to exercise his//her right of
choice and living under the Article 21 (right to life and personal liberty).
Last but not the least, there is a
provision in the Indian Evidence Act, i.e., section 114. Under this provision,
a male and a female who are living together for a considerable period of time
under shared household are presumed and given the status of a married couple.
however since it is a presumption it is always rebuttable.
b. Of the child born –
As discussed above the children born
out of these relationships are not readily accepted as legitimate. The rights
of such children in these circumstances
are addressed to some extent through the Hindu Adoption and Maintenance Act,
where it mandates that a Hindu to provide with maintenance of his children,
whether legitimate or illegitimate[11]. Similar
is the contention in CrPC[12].However,
it is minimal narrow right and that too applicable only to Hindu. But again,
with the changing circumstances, there are judicial pronouncements in the
recent years that award the status of legitimate child to these children born
out of such relationships, for Example, in the leading case of Uday Gupta
Vs. Aysha and Another[13].
With evolution of the society we may expect betterments for these class of
children too, through these legal
pronouncements. However as of now there exists no special enactments for the
same. Also there exists no upward slope of these judgements that fully
guarantee the rights to these children as there have always been conflicting
views of judges in various cases.
Thus, from the above contentions, it
can be concluded that there exists both opinions, in the eyes of law, for and
against the existence of live-in relationship in a country like India. There
have been attempts to safeguard the rights of the vulnerable getting caught in these
worst case scenarios, then there have been also the absence of direct statutes
to address these scenarios. There are decisions that do not encourage such
relationships, provided there is some perpetuity in the relationships, but then
there are also some guarantees to people button adversely affected from the
consequences of such relationships.
Thus, it can be concluded that the
judiciary and the legislature want to address such issues but do not want the
same format as it is being practiced in the country. It wants only to safeguard
those who are into this with a bona fide intention. Clearly it cannot guarantee
any right to someone who is trying to escape from best circle of rights and
duties. In these cases a harmonious way out could be to practice the live-in
relationships with a modified version that suits India and its Society. So like
the couple can try these kind of relationships to check the compatibility of
their companion with the intention of them getting into a permanent
relationship together. Obviously not knowing the partner at all before marriage
cannot be done in two days world as it would be huge injustice to both the
parties. It may need to unpleasant circumstances adulated point of time. so for
these purposes this concept can prove a very beneficial. This way even the
society might accept it as the ultimate goal of it would be marriage and people
would never object institution of marriage at any case. However if this concept
is used as a mere casual thing then it would not be accepted readily in our
country and maybe this is the reason why even after so many years of live-in relationships,
there are no direct actual statutes in India. Clearly it cannot be a copy paste
version of the western countries, rather it has to be fitted with the specifications
of each country differently.
RECOMMENDATION
a. Special Statute
There should be an enactment of
special statute for safeguarding the rights of the live-in partners, keeping in
mind the vulnerable situation they are subjected to in a country like India. Not only the relatives or the peer pressure but
also the live-in partners themselves can exploit this vulnerability because of
the fact that there exists no regulatory laws as to the rights and duties for
such kind of relations. Thus, giving way to increasing abuse and assaults under
the cloak of It is high time for such enactment considering the fact that a
huge population of youth are turning towards such relationships.
b. Scope of Live-in
Further, an important recommendation
would be to limit the scope of live-ins to a certain temporary period only. It
should not be made a permanent thing. There seems no sense in that. When the
partners are willing to live together, enjoy each- others constant presence,
share work- load and expenses together, and even have babies together then why
not get married. Live-in is important to check the compatibility between the
partners to reach a decision. To know whether to make the relationship work or
end it, to avoid matrimonial mishappening as far as possible. The fact, that
India is all about cultures and rituals and families, cannot be overlooked and
no alternate relation can enjoy the same status as marriage. If a couple is so
committed then why not put it under the permanent socially and legally
acceptable category. That’ll only help them more.
c. Elimination of taboo
Live-in relations should be viewed as
an aid towards establishment of marriages and families rather than the
opposite. The fact that people use this as a mere “walk in walk out relation” just
out of fun and casual attitude should be discouraged. In a country where even most
of the millennials think it as a taboo, the idea of entering into live-ins without
intending to marry would be a too radical one. Changes are needed but a gradual
slope would be preferable in order to make things work for both the ones for such
idea and the ones against it. It would then be acceptable in the society and
not seen as that huge a taboo.
CONCLUSION
Live-in relationships should be a
welcome thing legally and socially. If the path is not paved for such setups,
then the youth would tend to continue observing it inconspicuously and exploit
the lacunas in it. Thus, turning a blind eye towards such radical changes or
simply suppressing such ideas would only worsen the situation. People would not
be able to express their true selves and exact social standing in order to
avoid being looked down upon or frowned upon in consequence of such relationships.
There can be plenty other complexities. Therefore, understanding and thus
recognizing the exact scope, opportunity and need for live-in relationships has
become the need of the hour.
[1] Indira Sarma Vs. VKV Sarma,
2013(14) SCALE 448
[2] ibid
[4] AIR 2010 SC 2685
[5] 2008 (4) SCC 520
[7] (2010) 10 SCC 469
[8] S. 2(f), Protection of Women from
Domestic Voilnce,2005
[9] S.3,Protection of Women from
Domestic Voilnce,2005
[11] S. 20(2), Hindu Adoptions and
Maintenance Act, 1956
[12] S.125 (1b), Code of Criminal
Procedure, 1973