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Live-in Relationships: Impacts, Social Significance & Challenges

PMF IAS Current Affairs A Z for UPSC IAS and State PCS
  • The Uttarakhand Uniform Civil Code (UCC) has recently made registration of live-in relationships mandatory, sparking debates over individual liberty, gender justice, and privacy rights.
  • The Supreme Court has repeatedly upheld that live-in relationships fall under the right to life and personal liberty (Article 21, Constitution of India). However, challenges related to women’s financial security, inheritance rights, and societal acceptance persist.

About Live-in relationship

  • A live-in relationship is a domestic arrangement where two consenting adults cohabit without legal marriage. It signifies individual autonomy, changing social norms, and the evolving nature of relationships in modern India.
  • The legal, social, and ethical dimensions of live-in relationships make it a critical subject for governance and policy.

Need for Recognising Live-in Relationships

  • Changing Social Norms: Urbanisation and evolving mindsets have led to increased acceptance of live-in relationships, reflecting social progress and individual liberty.
  • Legal Protection for Women and Children: Recognition ensures maintenance rights for women and inheritance rights for children, promoting gender justice and social security.
  • Preventing Fraud and Abandonment: Legal recognition acts as a safeguard against false promises of marriage and sudden abandonment, ensuring the protection of vulnerable individuals.
  • Upholding Right to Privacy and Autonomy: The Supreme Court has upheld cohabitation as a fundamental right under Article 21, reinforcing constitutional morality and personal liberty.
  • Ensuring Financial Security: Legal recognition can help establish shared financial responsibilities and prevent economic exploitation, particularly of women.
  • Judicial Recognition: In S. Khushboo v. Kanniammal (2010), the Supreme Court upheld live-in relationships as legally permissible under Article 21, stating that cohabitation between consenting adults is not illegal.
  • Protection Under Domestic Violence Act: In Indra Sarma v. V.K.V. Sarma (2013), the Court ruled that women in marriage-like live-in relationships are entitled to protection under the Domestic Violence Act, 2005.
  • Right to Maintenance: In D. Velusamy v. D. Patchaiammal (2010), the Court held that dependent women in live-in relationships can claim maintenance under Section 125 of CrPC if the relationship resembles marriage.
  • Legitimacy of Children: In Revanasiddappa v. Mallikarjun (2011), the Supreme Court ruled that children from live-in relationships are legitimate and entitled to inherit property, as per Section 16 of the Hindu Marriage Act, 1955.
  • Women’s Empowerment: Legal safeguards ensure economic security, maintenance rights, and domestic violence protection, strengthening gender justice and social security.

Impacts of Live-in Relationships

Positive Impacts

Negative Impacts

Freedom of Choice: Individuals can choose their partners without societal pressure. Social Stigma: Live-in relationships remain taboo in conservative societies.
Reduces Marital Stress: Allows couples to test compatibility before marriage. Unclear Legal Rights: Lack of defined laws for inheritance, alimony, and property division.
Economic and Career Benefits: Individuals can focus on careers without marital obligations. Risk of Abandonment: Women may face desertion without legal consequences.
Protection for Women: Legal frameworks ensure maintenance rights & domestic violence protection. Unstable Environment for Children: Children may face emotional and social challenges.
Recognition of Children’s Rights: Courts ensure inheritance and social acceptance. Moral and Cultural Concerns: Critics argue it weakens marriage and family values.

Challenges in Recognising Live-in Relationships

  • Lack of Uniform Legal Framework: The absence of a codified law creates legal ambiguities regarding rights, responsibilities, and protections in live-in relationships.
  • Social and Religious Opposition: Many religious and cultural institutions view live-in relationships as morally unacceptable, leading to societal resistance and legal hurdles.
  • Gendered Vulnerability: Women in live-in relationships face a higher risk of financial dependence, abandonment, and lack of legal safeguards, making them more vulnerable to exploitation.
  • Privacy and Registration Issues: Laws like the Uttarakhand UCC mandate compulsory registration, potentially violating individual privacy and enabling state interference in personal choices.

Way Forward

  • Enact a Legal Framework: Introduce a comprehensive law to define rights, responsibilities, and legal safeguards for live-in relationships, ensuring clarity and protection.
  • Ensure Women’s Financial Security: Strengthen legal provisions for maintenance, shared assets, and financial rights to prevent exploitation and abandonment.
  • Promote Awareness and Social Acceptance: Conduct public sensitisation campaigns to address misconceptions and reduce societal stigma around live-in relationships.
  • Protect Privacy and Individual Rights: Laws should ensure legal recognition while safeguarding personal autonomy and privacy, preventing unnecessary state intrusion.

Reference: Indian Express | PMF IAS: Uniform Civil Code

PMF IAS Pathfinder for Mains – Question 73

Approach

  • Introduction: In the introduction, briefly define the live-in relationship and its impact on marriage.
  • Body: Discuss the impact of live-in relationships on marriage and its social evolution with time.
  • Conclusion: Write a way forward & conclude by highlighting the need for a balanced approach.
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