Modernity Vs Morality: The Constitutional Journey Of Live-In Relationship In India
- IJLLR Journal
- 16 hours ago
- 2 min read
Aisel Theressa Johnson, School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
The rise of live-in relationships in India represents a significant shift in the social and legal landscape, reflecting the tension between modernity and morality. This study examines the constitutional journey of live-in relationships, exploring how the Indian judiciary has reconciled individual autonomy with societal moral norms. The purpose of the study is to analyze the interplay between personal liberty, gender justice, and social morality in the recognition of cohabitation outside formal marriage. A comprehensive literature review reveals that while prior research has focused on privacy, domestic violence protection, and gender rights, there remains a gap in understanding how moral considerations influence judicial reasoning. This study employs a doctrinal and analytical methodology, relying on primary sources including the Constitution of India, statutory provisions, and landmark Supreme Court judgments, alongside secondary sources such as books, journal articles, and commentaries. The findings indicate that the Indian judiciary has progressively recognized live-in relationships under Articles 14, 19, and 21, emphasizing personal liberty, equality, and dignity while cautiously addressing societal moral concerns. Landmark cases such as Indra Sarma v. V. Krishnaiah and D. Velusamy v. D. Patchaiammal highlight the judiciary’s evolving approach, balancing modern legal interpretations with traditional moral frameworks. The conclusion underscores that live-in relationships, though socially contested, are increasingly protected under constitutional principles, demonstrating the law’s adaptation to contemporary social realities. The study also recommends statutory clarification and awareness initiatives to safeguard the rights of partners and children, ensuring equitable recognition of non-marital cohabitation within India’s constitutional framework.
Keywords: Live-in Relationships, Constitutional Law, Personal Liberty, Social Morality, Indian Judiciary, Gender Justice, Article 21, Modernity vs Morality
