With 'Live-In Relationships' emerging in India at the social scenes, its clash with the traditional system is nothing but obvious and so are the issues that will create in terms of transition, acceptance, legitimacy etc.
Keeping the above as centre issues, a PIL has been filed in the Supreme Court seeking to frame rules and guidelines for registration of live-in partnerships in India.
The Courts have been favourable to the new social setting that has gained popularity over the past years and is slowly becoming norm. In many decisions, the Court has recognized it and also tried to balance its intricacies with the laws of the land.
Advocate Mamta Rani, in her petition has reckoned the same and urged the Top Court to direct Centre to formulate rules for registration of Live-in relationships.
"Time and again this Hon’ble Court has been the protector of the live-in partners and has passed numerous number of judgments which is having the effect of giving protection to the members of the live-in partnership be it the women, men or even the children born out of such relationship," the petition reads.
She submits that owing to lack of rules and guidelines covering live-in partnerships, crimes pertaining to the same are gaining momentum, majority of them being rape and murder.
The Advocate pointed out the recent case of gruesome murder of Shraddha Walker by her live-in partner in Delhi, which shocked the conscience of the nation.
She has submiited that with registration of such relationship, accurate information can be made available to both the live-in partners about each other and also to the Government about them such as their marital status, criminal history, residences, background etc.
The PIL is not restricted to framing laws related to live-in relationships but also seeks a direction to the Central Government to work on getting a data base for finding out the exact number of people involved in live-in relationship in our country.
She urges the Court to make registration mandatory and argues that failure of the same on part of the Government is violative of Article 14 and 19 of the Constitution.
The petition also discusses the fake cases that are emerging resultantly of these relationships and the difficulties authorities facing in collecting evidence. The Advocate has contended that this will be a benefitiary step as the younger generation is adapting to western lifestyle at a fast pace.
"There has been a huge increase in the false rape cases being filed by the women wherein the women claims to be living in live-in relationships with the accused and it is always difficult for the Courts to find out from the evidence whether the fact of living in live-in relationship is proved by the backing of evidence. Registration of live-in relationships will work as a vital evidence to prove whether the fact of live-in relationship is correct or not...Looking at the fast paced life and the choice of young generation to adopt the western culture, proper registration of live-in relationships will keep a check on those who are entering into live-in relationship with an ulterior motive."
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