Background
The Uttarakhand High Court, while addressing a case concerning a live-in relationship, observed that such relationships are not yet fully accepted in Indian society. The court noted that despite legal recognition by the judiciary, social and cultural resistance persists. It highlighted that the Uniform Civil Code (UCC), recently introduced in Uttarakhand, aims to protect the rights of individuals, including those in live-in relationships.
The court was hearing a petition filed by a couple seeking protection from family members who opposed their live-in arrangement. The petitioners argued that their right to cohabit was protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
Court’s Rationale
The Uttarakhand High Court acknowledged the legal status of live-in relationships as recognized by the Supreme Court in previous rulings. However, it emphasized the following key points:
- Social Acceptance Still Lacking
- The court observed that live-in relationships continue to face strong opposition in Indian society, especially in conservative communities.
- It noted that while the judiciary has upheld the rights of individuals in such relationships, societal attitudes remain slow to change.
- UCC and Protection of Rights
- Uttarakhand is the first state to implement the Uniform Civil Code, which seeks to bring uniformity in personal laws.
- The court stated that one of the objectives of the UCC is to ensure legal protection for individuals in non-traditional relationships, such as live-in partnerships.
- Legal Precedents on Live-in Relationships
- The Supreme Court has repeatedly held that adult couples have the right to live together, and their relationship cannot be deemed illegal.
- Protection must be granted to such couples if they face threats from their families or society.
- State’s Role in Ensuring Safety
- The court directed law enforcement agencies to ensure the safety of individuals in live-in relationships when their rights are at risk.
- It emphasized that law and order authorities must act in accordance with constitutional principles, regardless of societal biases.
Existing Measures
- The Supreme Court has ruled that live-in relationships are protected under the right to life and personal liberty (Article 21).
- The Protection of Women from Domestic Violence Act, 2005, extends rights to women in live-in relationships.
- Uttarakhand’s UCC aims to provide a legal framework to protect individuals in live-in relationships from social and legal discrimination.
Conclusion
The Uttarakhand High Court’s observations highlight the gap between legal recognition and social acceptance of live-in relationships. While the judiciary has affirmed the rights of individuals in such arrangements, societal resistance remains strong. The court’s remarks also reinforce the significance of the UCC in ensuring legal protection and rights for those in live-in relationships, signaling a step toward broader societal reform.