Judicial Activism And Legislative Inaction: Analysing The Absence Of A Statutory Framework For Live-In Relationships In India

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M. Siddharth, School of Law, SRM IST, Kattankulathur

ABSTRACT

The concept of live-in relationships has increasingly become part of contemporary Indian society. Despite this social development, the legal system does not yet have a dedicated statutory framework governing such relationships. While the Supreme Court and various High Courts have progressively recognised such relationships under Article 21 of the Constitution, particularly through landmark judgments including Lata Singh v. State of U.P., D. Velusamy v. D. Patchaiammal, and Indra Sarma v. V.K.V. Sarma, whereas the Parliament has remained silent despite repeated judicial calls for legislative intervention. The paper uses a doctrinal analysis of the existing legal provisions governing live-in relationships in India, including the Protection of Women from Domestic Violence Act, 2005, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023, along with recent state-level legislative developments under the Uttarakhand Uniform Civil Code, 2024 and the Gujarat Uniform Civil Code, 2026. This study shows that the current framework is fragmented and largely remedial in nature, offering only a conditional and inconsistent protection that largely depends on judicial discretion. The lack of a central statute has created uncertainty regarding maintenance, property rights, succession, and the status of children, while also leading states to introduce mandatory registration models that raise serious constitutional concerns relating to the right to privacy. The paper concludes that judicial developments, though important, cannot substitute for proper legislative action, and argues for a comprehensive central law that provides optional registration, clearly defined rights, and safeguards for privacy in live-in relationships.

Keywords: Live-in Relationships, Judicial Activism, Legislative Inaction, Article 21, Uniform Civil Code.

54. JUDICIAL ACTIVISM AND LEGISLATIVE INACTION- ANALYSING THE ABSENCE OF A STATUTORY FRAME

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