PMF IAS Comprehensive Test Series For UPSC Civil Services Prelims ()

Live-in Relationships: Impacts, Social Significance & Challenges

  • 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.
UPSC Foundation
PMF IAS Comprehensive Test Series For UPSC Civil Services Prelims ()

Newsletter Updates

Subscribe to our newsletter and never miss an important update!

Assured Discounts on our New Products!

Leave a Reply

Your email address will not be published. Required fields are marked *

Newsletter

Never miss an important update!