From Dating To Domesticity: Examining The Challenges, Autonomy And Social Stigma Of Live-In Relation

From Dating To Domesticity: Examining The Challenges, Autonomy And Social Stigma Of Live-In Relationship

Surya Prakash, B.A, LL. B (Hons), Guru Gobind Singh Indraprastha University, Delhi

ABSTRACT

In recent years, live-in relationships have become increasingly popular and socially accepted in many parts of the world. This trend has been fuelled by changing social norms, evolving gender roles, and a desire for greater relationship freedom and flexibility. In a series of landmark judgments, the Supreme Court of India has recognized the legal rights of couples in live-in relationships and their children.

The Supreme Court classified live-in relationships into domestic cohabitation between two unmarried people and two married people in the 2013 case of Indra Sarma v. V.K.V Sarma. Only the former has been acknowledged by the Hon’ble Supreme Court, which has further provided guidelines for determining whether a relationship is in the nature of marriage, which grants legal status and protection to the couple and their children.

However, the court has also emphasized the need for legislation to protect the rights of women and children born out of such relationships, as they may be vulnerable to exploitation and abuse. Although live-in relationships are legal in India, there is some issue of live-in relationships that remains a controversial topic in Indian society, with opinions divided on whether they should be encouraged or discouraged. In our society there still exists a social stigma that discourages such relationships. In this paper, the researcher has elaborately discussed the concerns raised by society regarding live-in relationships and explained such social stigma in relation to constitutional validity.

In this paper, the researcher has critically examined and discussed the various aspects of live-in relationships including societal stances, constitutional validity and where personal choice and freedom stand in between fundamental rights and social morality.

Keywords: Live-in relationships, Social morality, Personal autonomy, fundamental rights.