Live-In Relationship: Morality, Ethics and Need for Legislation

Abstract

In India, a Live-in relationship is no more an alien concept considering the changes in societal fabric and its choices. Still, the issue of acceptability of the live-in relationship sometimes crops up which mandates recognition of its existence and the need to accord legitimacy to the same. Considering, that right to marriage has been maintained as a fundamental right via a plethora of judgments; and further protection has been given in such relationships which do resemble marriage-like institutions; it is high time that live-in relationships should be given statutory recognition with similar conditions of eligibility which are applicable in marriage. Various committees and judgments have indicated the same, yet the live-in relationship has not achieved the statutory recognition which is long due. The issue is not of existence but of protection which is at risk considering occasional draconian judgments which refuse to consider the right to companionship as a fundamental right and put unwarranted insistence on morality and ethics even to protect life and liberty. The institution of marriage has itself undergone a major change, yet some parts of the society and legal system simply refuse to acknowledge the same. This paper is an attempt to focus on the need for legalization and legislation pertaining to live-in relationships which would recognize the right of companionship beyond marriage and would also accord protection of life and liberty in such relationships.