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Topic : Live-in Relationships in India: Evolving Legal Landscape
GS-2 Mains : Polity
Revision Notes
Recent Judgement:
- The Allahabad High Court ruled that a Muslim cannot claim rights in a live-in relationship while having a spouse.
- This judgement highlights the influence of religious tenets on legal interpretations of live-in relationships.
Overall Status:
- India lacks specific laws governing live-in partnerships.
- The Supreme Court has recognized live-in relationships as part of the “right to life” and not criminal.
- Landmark judgements (2010 & 2022) established:
- Protection for women in live-in relationships under domestic violence laws.
- Inheritance rights for children born from such relationships.
- The court presumes a long-term, cohabitating couple with children to be married, granting them similar legal rights.
Unresolved Issues:
- The impact of religious beliefs on live-in relationships remains unclear.
- Property rights for partners in live-in relationships are yet to be definitively addressed.
Live-in Relationships in India: Arguments For:
- Changing Social Norms: Reflects a shift towards individual choice in partnerships.
- Compatibility Testing: Allows couples to assess compatibility before marriage.
- Financial Independence: Enables sharing expenses and financial independence.
- Reduced Stigma: Gradually becoming more accepted, especially in urban areas.
- Legal Recognition: SC judgments provide some rights and protections.
- Personal Freedom: Represents individual freedom in love and relationships.
Live-in Relationships in India: Arguments Against:
- Social Stigma: Disapproval and criticism from family and community.
- Cultural/Religious Beliefs: Seen as conflicting with traditional values on marriage and family.
- Family Pressure: Potential conflict with parents who may disapprove.
- Legal Ambiguity: Unclear rights and protections for couples.
- Lack of Financial Security: Women may feel pressure to marry for stability.
- Impact on Children: Children may face social stigma and discrimination.
- Lack of Social Support: Couples lack the same level of societal acceptance.
- Media Influence: Concerns about Westernization eroding traditional values.
- Potential for Abuse: Vulnerability to exploitation in the absence of legal protections.
The Way Forward:
- Positive Media Portrayal: Normalize live-in relationships and reduce stigma.
- Family Acceptance: Encourage open dialogue and understanding within families.
- Upholding Individual Choice: Respect individual rights to choose their relationship dynamics.
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