Understanding the legal rights of unmarried couples in India

Relationships in India are perceived differently than in many 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.

Despite being adults protected by the constitution, these couples are often harassed under the pretext of “maintaining dignity”. Acts of affection cannot be answered with undeserved violence, a reason why non-married partners need to remember 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. Furthermore, unmarried couples must understand these rights as they build their relationships within the confines of the law.

Among various fundamental rights, one 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 for live-in relationships. For example, bringing in the Uniform Civil Code in Uttarakhand indicates excellent developments that have been made. If passed into law, it will compel live-in relationship registration, thereby providing legal backing for them and making them responsible. This shows that legislation should be reformed to reflect the contemporary models of relationships, thus changing societal norms.

Unmarried couples in cohabitation relationships benefit from the Domestic Violence Act. It considers the women in these unions and allows them to seek various legal remedies to help them be identified as aggrieved persons under the law. These are essential clauses for protecting them from domestic violence and offering ways to obtain justice.

Another critical aspect of Indian law is financial security. As per 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.

In gist
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.

Authored by: Dr. Rennie Joyy, Founder of Aalekh Foundation




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