Live-in relationships: The debate on safety and legality in India

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“Live-in relationships are giving rise to crime” said Union Minister of State for Housing and Urban Affairs, Kaushal Kishore, after the gruesome murder of 27-year-old Shraddha Walker by her then live-in partner Aftab Poonawala in November 2022.

In an interview with News18, Kishore had said that “educated girls should be blamed” for putting their lives at risk by getting into live-in relationships.

In a similar case on February 10 this year, Nikki Yadav was brutally murdered by her live-in partner, Sahil Gehlot, on the day he got married to another woman.

These murders began a long-winding blame game and questioned the nuances of relationships outside matrimony. Debates on national television ranged from victim blaming, to their inter-faith relationship, and headlines flashed about the morality and unsafe nature of live-in relationships.

Non-traditional relationships are often viewed with suspicion and considered dangerous in Indian society. This is largely due to the deep-seated cultural norms and traditions that emphasise the importance of heterosexual marriage and family. Non-traditional relationships challenge these norms and are seen as a threat to the social order.

Legality of live-in relationships 

Society's attitudes towards relationships often influence the laws that govern them.

In 2006 and 2010, the Supreme Court ruled that two consenting adults of opposite sex cohabiting were not engaging in any illegal activity. However, the definition of a live-in relationship remained unclear.

To address this, the Supreme Court in the case of D. Velusamy vs D. Patchaiammal on 21 October, 2010, provided a definition of a ‘relationship in the nature of marriage’. This ruling was celebrated as the closest thing to codification of live-in relationships in India.

One of the most significant judgments came in 2013 when the Supreme Court in Indra Sarma vs VKV Sarma recognised ‘relationships in the nature of marriage’ as ‘domestic relationships’ and provided women in such relationships with protection from domestic violence under the Protection of Women from Domestic Violence (PWDV) Act, 2005.

It is important to note that there is no specific law governing live-in relationships in India, and the judiciary has pronounced a series of judgments over the years to provide some guidance. However, it is crucial to adhere to certain caveats such as age, consent, and mental soundness when engaging in such relationships.

Advocate Prashant Mendiratta told Moneycontrol that there are 511 sections of the IPC and every section except 498a (husband or relative of husband of a woman subjecting her to cruelty) protects women in any kind of relationship.

“There are laws in place. In fact, in a marriage, you cannot invoke 376 of IPC which is rape, or 354, which is molestation. So, according to me live-in relationships provide more safety to women than marriages do. More married women have been killed in this country than girlfriends have,” he said.

On February 28 this year, a Public Interest Litigation (PIL) was filed in the Supreme Court for registration of live-in partners in India. The PIL submits that since there are no rules and guidelines covering live-in partnerships, there has been a vast increase in crimes by live-in partners, including major crimes like rape and murder.

Upon registration of a live-in relationship, the petitioner contends, accurate information about both the live-in partners will be available to the government. This information includes details about their marital status, their criminal record, and other relevant information.

A couple from Gurugram, who have been in a live-in relationship for the last three years, says that this PIL doesn’t look like it would be helpful in terms of protecting either party. “Even if a law is made, enforcing it doesn’t guarantee lower crime rates within live-in relationships,” they add.

Another couple from Mumbai, who have been contemplating living in together, say that a registry might help in terms of helping the government keep track of couples. “However, there is a very fine line to tow between accountability and invasion of privacy,” he adds.

Both couples requested anonymity.

Society’s perspective of modern relationships

Despite the judicial backing, live-in relationships are thrown under the bus for being unsafe and not as secure as the more traditional heterosexual marriage. While it is justified that there is a certain level of security within marriage and that there are specific laws to protect married couples, the light under which live-in relationships are looked at is impacted by cultural prejudices.

Historically, Indian society has been characterised by strong familial and community bonds, and relationships outside traditional heterosexual marriages have often been stigmatised.

The study 'Attitudes on marriage and new relationships' published in Demographic Research in 2014, investigates whether cohabitation is a true substitute for marriage, or simply a new courtship stage on the road to marriage. Live-in partners have often been compared to their married counterparts.

Another study conducted by the Indian Journal of Psychological Medicine found that while Indian society was becoming more accepting of live-in relationships, there was still significant stigma attached to such relationships. The study found that couples in live-in relationships faced discrimination and disapproval from their families and communities, which often led to psychological distress.

If ‘new relationships’ are benchmarked against marriage, marriage can also be benchmarked against modern relationship structures.

Safety of women within marriage

Violence against women within marriage in India is a pervasive problem that affects millions of women every year. According to data from the National Crime Records Bureau (NCRB), 94,619 cases of cruelty by husband or his relatives were reported in 2019, which accounted for over 30 percent of all crimes against women in India.

The NCRB report also revealed that the number of reported cases of dowry deaths, where a woman is killed by her husband or his family for not meeting their demands for dowry, was 7,068 in 2019. This is a 26.8 percent increase over the previous year.

Other forms of violence against women within marriage include domestic violence, marital rape, emotional abuse, and harassment. These forms of violence are often underreported due to social stigma, fear of retaliation, and lack of awareness about legal remedies.

The Indian government has enacted several laws, including the Protection of Women from Domestic Violence Act (PWDVA), 2005, to protect women from violence. However, the implementation of these laws remains a challenge due to factors such as patriarchal attitudes, inadequate legal aid, and poor law enforcement.