News Report

Debate: Live-In Relationships in India

In a recent and highly contentious ruling, the Allahabad High Court has sparked a vigorous debate by characterizing live-in relationships as a “”brutish concept.”” The court’s assertion that such partnerships cannot provide the stability, security, and societal acceptance synonymous with traditional marriages has reverberated across India, triggering impassioned discussions about the legal and societal status of live-in relationships. This controversial judgment emanated from a case where a woman accused her former live-in partner of rape, alleging that he had deceived her with false promises of marriage. Complicating matters, the woman became pregnant during their relationship, and when the accused failed to honor his commitment, she sought legal redress. To the surprise of many, the High Court granted bail to the accused, framing the case as one where the couple had parted ways “”after enjoying the live-in relationship.”” However, the court’s commentary on live-in relationships transcended their mere legality. It delved into the societal challenges women encounter within such arrangements, particularly post-breakup. The judgment illuminated the enduring social stigma and obstacles women often confront after separation, including social ostracism and derogatory public comments. Additionally, it underscored the heightened difficulties women face when attempting to secure another male partner for marriage, regardless of their religious background, due to deeply entrenched societal norms. The High Court further argued that live-in relationships perpetuate a “”brutish concept”” marked by frequent partner changes—a dynamic that, according to Justice Siddharth, cannot be considered a hallmark of a stable and healthy society. The court expressed concern that the increasing prevalence of live-in relationships might be part of a systematic effort to erode the institution of marriage in India, partially attributing this shift to the influence of films and television serials. One particularly striking assertion made by the High Court was that live-in relationships can only be deemed “”normal”” in India if the institution of marriage becomes obsolete, as it is in many developed Western countries. This perspective suggests that the growing acceptance of live-in relationships could potentially pose significant challenges for Indian society in the future. Nevertheless, it is crucial to recognize that, despite the Allahabad High Court’s expressed opinion, the legal status of live-in relationships in India remains nuanced. Various court judgments have acknowledged the validity of such arrangements, subject to specific conditions such as the age of marriage, consent, and mental soundness. A landmark Supreme Court judgment from 1978 established that a presumption of marriage arises when a man and a woman have cohabited as husband and wife for an extended duration. This contentious judgment has raised fundamental questions about the evolving nature of relationships in India, the role of societal norms, and the legal recognition of non-marital unions. The debate surrounding the place of live-in relationships in Indian society remains far from settled, and the impact of this ruling on future legal and societal discourse remains uncertain. In a broader societal context, it is imperative to acknowledge that we are living in the 21st century, marked by significant advancements in science and technology. However, this era has also witnessed the erosion of certain traditional moral values. While women have assumed increasingly prominent roles in various aspects of society, it is disheartening that they continue to shoulder the blame for events that befall them. Even today, a woman’s character is often defined by the men in her life, reflecting deeply ingrained gender biases. In a country where headlines frequently report incidents of sexual violence and crimes against women, it is essential to shift our focus from blaming women to protecting and empowering them. The pervasive societal norms that contribute to this blame culture must be challenged and replaced with a more equitable and compassionate mindset. The battle for gender equality and the protection of women’s rights necessitates a comprehensive overhaul of societal attitudes, transcending the boundaries of legislation alone.

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