In India, relationships are often perceived differently compared to many other parts of the world. While marriage is traditionally viewed as the ultimate bond, many couples choose to live together without tying the knot. These unmarried couples, recognized as legal adults, should enjoy the same rights and responsibilities as any other citizen. However, despite being protected by the constitution, these couples often face harassment under the pretext of “maintaining dignity.”
Acts of affection should not be met with undeserved violence, which is why non-married partners need to be aware of their rights. In India, laws such as The Protection of Civil Rights Act aim to protect such couples from mistreatment and violence so they can live with respect and dignity. Unmarried couples must understand these rights as they build their relationships within the confines of the law.
Among various fundamental rights is the Protection of Civil Rights Act 1955, which assures everyone the right to life, liberty, and security. Consequently, this law safeguards unmarried couples’ fundamental rights by providing legal mechanisms against harassment and violence. Additionally, judicial interpretations and legislative actions have further strengthened the recognition of live-in relationships.
For example, the introduction of the Uniform Civil Code in Uttarakhand indicates significant developments. If passed into law, it will mandate the registration of live-in relationships, providing legal backing and responsibility. This shows that legislation should be reformed to reflect contemporary models of relationships, thus changing societal norms.
Unmarried couples in cohabitation relationships benefit from the Domestic Violence Act. It considers women in these unions and allows them to seek various legal remedies, recognizing them as aggrieved persons under the law. These clauses are essential for protecting them from domestic violence and offering ways to obtain justice.
Another critical aspect of Indian law is financial security. According to Section 125(1)(a) of the Criminal Procedure Code, 1973, partners in live-in relationships are entitled to maintenance similar to spouses in a marital union. This provision helps eliminate financial vulnerability within such relationships, promoting economic stability and fair relations among partners.
The legal status of children born to unmarried couples has also seen progressive changes. Courts have ruled that children born to couples in long-term live-in relationships should not face discrimination compared to those born within marriage, particularly regarding property rights and custody matters. Under the Hindu Minority and Guardianship Act, these children are granted the same legal standing, ensuring their rights are protected.
While societal acceptance may still be a challenge, the legal rights of unmarried couples in India provide a robust framework to protect them from harassment, violence, and financial instability. As the nation modernizes, these legal provisions will ensure that unmarried couples can live with dignity and respect, free from societal prejudice. Understanding and exercising these rights is essential for unmarried couples to navigate their relationships confidently and securely.
