#nari niketan

[jaagrukbharat]

Nari Niketan Scheme - Accommodation, Eligibility & Application

The Nari Niketan Scheme was launched in 1976 and aims to shelter poor and helpless women in the Union Territory of Jammu and Kashmir. Launched by the Social Welfare Department, Nari Niketan means ‘Women’s homes’ and currently, there are 280 individuals in them across the Union Territory.

[seemabhatnagar]

Empowering Choices: Kerala HC Upholds personal liberty in land mark ruling

The High Court of Kerala Dismisses Criminal Writ Petition on the Grounds of Personal Liberty. Case: X v. Director General of Police Thiruvananthapuram & 5 others Writ Petition (Crl) 584/2024 Court: High Court of Kerala at Ernakulam Judges: Hon’ble Mr. Justice P Manoj J & Hon’ble Mr. Justice Raja VijayaRaghvan V J Summary: In a significant ruling, the High Court of Kerala dismissed the writ petition filed by the father of Ms. X, who sought the intervention of the court to produce his daughter, alleged to be detained by the 5th and 6th respondents. The petitioner contended that his daughter, a victim under the Protection of Children from Sexual Offences Act, 2012, was being influenced by the respondents. However, the court observed that Ms. X is an adult, having turned 18, and is residing with the 6th respondent of her own free will. The judges cited the precedent set in Gian Devi v. Superintendent Nari Niketan Delhi, emphasizing the constitutional right of an adult woman to make her own choices about where and with whom she wishes to live. Key Points: The court underscored the importance of respecting the personal liberty and individual choice of adults. It recognized the right of Ms. X to make conscious decisions about her life. The ruling reinforces the principles of personal freedom and autonomy enshrined in the Constitution. Full Story: The Criminal Writ Petition filed by Ms. X's father aimed at directing police authorities to produce her, allegedly detained by respondents Shibila and Rejina. The father argued that his daughter was a victim of sexual assault by the 5th Respondent Shibila and had been placed under the care of the Child Welfare Committee, Malappuram. Despite this, Ms. X left her hostel in February 2024 and chose to stay with respondent Rejina. The court ruled that 18 years old, Ms. X has the right to make her own decisions, including where and with whom she resides. The judgment emphasized that no one, including family members or the court, can override an adult's choice regarding her personal life. This ruling is a significant affirmation of individual rights, reiterating the judiciary's role in upholding personal freedom and dignity.

[thedailyexcelsior]

Mendhar: Badminton Tournament Organised At Nari Niketan As Part Of Anti-drug Campaign

Mendhar: Badminton Tournament Organised At Nari Niketan As Part Of Anti-drug Campaign

[news-trust-india]

संरक्षण गृहों में सुरक्षा के लिए सी.सी.टी.वी. कैमरे लगाए मुख्य सचिव श्री उत्पल कुमार सिंह ने बाल, महिला संरक्षण गृहों में स्वच्छता, स्वास्थ्य और सुरक्षा पर विशेष निगरानी रखने के निर्देश दिए हैं। ऐसे गृहों में रह रहे बच्चों और महिलाओं को रोजगारपरक प्रशिक्षण देकर उन्हें आत्म निर्भर बनाया जाय। सभी स्टाफ का पुलिस सत्यापन संरक्षण गृहों में सभी तरह की बुनियादी सुविधाओं के साथ-साथ पुस्तकालय, खेलकूद और मनोरंजन के साधन भी हों। तैनात सभी स्टाफ का पुलिस सत्यापन जरूर कराया जाय। सभी गृहों में विशेष आंगनवाड़ी केंद्र भी चलाए जाए। मुख्य सचिव शुक्रवार को सचिवालय में प्रदेश में संचालित बाल/महिला संरक्षण गृहों के संचालकों और संबंधित अधिकारियों के साथ समीक्षा बैठक कर रहे थे। महिलाओं की संस्था में शत् प्रतिशत महिला कार्मिक अपर मुख्य सचिव श्रीमती राधा रतूड़ी ने कहा कि संरक्षण गृहों में सुरक्षा के लिए सी.सी.टी.वी. कैमरे लगाए गए हैं। नियमित रूप से इनकी मॉनिटरि��ग की जाय। संस्था में आने-जाने वाले सभी आगंतुकों का ��िवरण आगंतुक पंजिका में दर्ज किया जाय। 10 वर्ष तक के बच्चों, बालिकाओं और महिलाओं की संस्था में शत् प्रतिशत महिला कार्मिक ही तैनात किए जाए। इसके साथ ही संस्थाओं में बाल समिति और प्रबंधन समिति का भी गठन किया जाय। 42 संस्थाओं का सोशल ऑडिट बैठक में बताया गया कि राज्य सरकार द्वारा राजकीय नारी निकेतन, जिला शरणालय एवं संरक्षण गृह संचालित किए जा रहे हैं। इसके अलावा भारत सरकार स्वाधार गृह, उज्ज्वला गृह का संचालन करती है। स्वयंसेवी संगठनों द्वारा भी संस्थाओं का संचालन किया जा रहा है। बताया गया कि नेशनल कमीशन फॉर प्रोटेक्शन ऑफ चाइल्ड राइट्स द्वारा राज्य में संचालित 42 संस्थाओं का सोशल ऑडिट कराया गया। बैठक में ऑडिट की रिपोर्ट से अवगत कराया गया। कतिपय सुविधाओं और व्यवस्थाओं को छोड़कर ऑडिट में कोई गंभीर कमी नहीं पाई गई है। उन कमियों को दूर करने के निर्देश दिए गए।बैठक में अपर सचिव महिला कल्याण श्री राम विलास यादव, निदेशक महिला कल्याण श्री योगेंद्र यादव सहित आई.सी.डी.एस. के अनेक अधिकारी और संस्था संचालक उपस्थित थे।

[newsyaari]

Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19

Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19

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Representative image.

Deputy Director of Women Welfare Department Nita Ahirwar said how the inmates of Nari Niketan got contracted the coronavirus infection is being investigated,

PTI

Last Updated: August 17, 2020, 12:10 AM IST

Ninety inmates of a government shelter home for girls in Bareilly have tested positive for COVID-19, an official said on Sunday.

Deputy…

[hulnews]

Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19

Ninety Inmates of Govt Shelter Home for Girls in Bareilly Test Positive for Covid-19

[ad_1]

Representative image.

Deputy Director of Women Welfare Department Nita Ahirwar said how the inmates of Nari Niketan got contracted the coronavirus infection is being investigated,

PTI

Last Updated: August 17, 2020, 12:10 AM IST

Ninety inmates of a government shelter home for girls in Bareilly have tested positive for COVID-19, an official said on Sunday.

Deputy…

[newshindiplus]

मेरठ के नारी निकेतन में किशोरी Corona पॉजिटिव, महिला आयोग ने लिया संज्ञान

मेरठ के नारी निकेतन में किशोरी Corona पॉजिटिव, महिला आयोग ने लिया संज्ञान

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मामले पर संज्ञान लेते हुए आयोग ने मेरठ के जिलाधिकारी से रिपोर्ट तलब की है. मेरठ (Meerut) स्थित नारी निकेतन सोसाइटी (Nari Niketan Society) में रहने वाली एक किशोरी के कोरोना पॉजिटिव निकलने की बात सामने आई है. इस पर उत्तर प्रदेश राज्य महिला आयोग…

[doonitedin]

नारी निकेतन केदारपुरम में सांस्कृतिक कार्यक्रम आयोजित  देहरादून: जनपद के केदारपुरम अवस्थित राजकीय नारी निकेतन में संस्था द्वारा सांस्कृतिक कार्यक्रम आयोजन किया गया, जिसमें नारी निकेतन की संवासिनियों/महिलाओं तथा राजकीय शिशु गृह व बालिका निकेतन की शिशुओं व बालिकाओं द्वारा प्रतिभाग किया गया। यह 40 वर्ष पुरानी संस्था है, जो  कि भारतीय शास्त्रीय संगीत,नृत्य एवं लोक कलाओं  को युवा पीढी तक पंहुचाने का कार्य कर रही हैं, तथा उनके द्वारा ओडिसा का गोठी पुआ नृत्य प्रस्तुत किया गया। कोणार्क नाट्य मण्डल द्वारा ओडिया की लोक कथाओं को ��्रदर्शित किया गया। इस अवसर पर अपर सचिव व निदेशक महिला कल्याण विभाग मेजर योगेन्द्र यादव, मुख्य परिवीक्षा अधिकारी मोहित चैहान, जिला प्रोबेशन अधिकारी मीना बिष्ट सहित नारी निकेतन, बालिका निकेतन एवं शिशु निकेतन की अधिक्षिका कंचन आर्य, मीना सिंह व सुनीता सिंह उपस्थित रहे।

[khabrisala]

Coronavirus | SC extends preventive guidelines to include women shelter homes

The Supreme Court on Tuesday extended its guidelines issued to prevent the spread of coronavirus in children’s homes to Nari Niketans or women’s shelter homes and asked the government to look into the possibility of releasing the inmates wherever feasible to avoid overcrowding.

A bench of Justices N V Ramana, S K Kaul and B R Gavai said State governments should assess the ground situation and…

[seemabhatnagar]

"Accountability Matters: High Court's Stand on Child Welfare Committee's Oversight”

Km Pooja Rajput Corpus & another v. State of UP & 4 others

Habeas Corpus Writ Petition 228/2024

Before the High Court of Allahabad

Heard by the Bench of Hon’ble Mr. Justice Arvind Singh Sangwan J & Hon’ble Mr. Justice Ram Manohar Narayan Mishra J

Order The Allahabad High Court allowed the custody of the minor girl to the father as the girl expressed her desire to go with the father.

Considering the conduct of the committee, the Court awarded a cost of Rs.5,00,000/- ( Five Lacs) payable to the father of the girl within thirty days from 22.04.2024. The amount will be used for upbringing of the minor girl child.

In case the cost of Rs.5,00,000/- is not paid before the next date of listing(23.05.2024), the Commissioner of Police, Kanpur Nagar is directed to ensure that the Chairman of Nari Niketan/Child Welfare Committee, Kanpur Nagar will remain present in the Court.

Facts

The Habeas Corpus petition is filed by the mother for producing her daughter before the Court and also giving her custody. At the time of the hearing on April 22, 2024, both the parents were present before the Court. There was a dispute between the parents and the parents were living separately. The couple had a girl child out of their marriage. The father was handicapped but was taking care of the girl child, her education, and the fees of school. The mother earlier took custody of the child Pooja with herself but had not taken care of her education and involved her husband in a false case. Hence, the girl aged about 15 years has been residing with the father for the last 5-6 years.

On the direction of the Court, the detenue Pooja Rajpoot was brought before the Court from the Nari Niketan, Kanpur Nagar.

The shocking part of this case is when parents are there and are willing to keep the child with them then under what circumstances the minor girl Pooja Gupta was sent to Nari Niketan Kanpur.

She was detained in Nari Niketan Kanpur Nagar since 20.01.2024 the time when she was supposed to appear for the class 7th examination. Being detained she was unable to appear for the Final Examination and as such lost one academic year.

When enquired from the girl with whom she wanted to go, the minor child explicitly stated that she wanted to go with her father. The Court allowed her to go with her father as per her wish so that she could continue her studies. However, the Court kept it open for the mother to seek custody of the girl by the appropriate law by filing a petition before the competent Court of Law.

Though mother didn’t dispute that the child has been taken care of by the father for the last 5-6 years.

Now as the child is growing up mother now wants custody of the child with her.

The Court took the matter seriously due to the non-application of the judicial by the Chairman and members of the Child Welfare Committee the liberty of life of the girl was curtailed. The matter is put for hearing on 23.05.2024.

The shocking part of this matter is when parents are there and are willing to keep the child with them than how Nari Niketan kept the child with it.

The court on April 10, 2024, directed the Child Welfare Committee, Kanpur to send its authorized representative along with an affidavit as to how and in what manner the girl child has been sent to Nari Niketan/Child Welfare Committee (women).

None on behalf of the Committee was present on April 22, 2024, despite specific direction.

Seema Bhatnagar

[social-mania]

18-year-old girl, cop shot dead in Rohtak

Current Affairs: An 18-year-old girl and a policeman escorting her were shot dead by three unidentified bike-borne assailants in a suspected case of honour killing in Haryana’s Rohtak on Wednesday.

The incident took place after the girl, escorted by Sub-Inspector Narender Kumar and a woman police constable, had appeared before the Rohtak court for a hearing in connection with her date of birth at the time of her marriage.

While returning, three unidentified miscreants gunned down the girl and the police officer. The woman constable managed to escape unhurt.

According to Rohtak Superintendent of Police (SP) Jashandeep Singh Randhawa, “Girl’s parents had filed a case against her after she married against their choice and she was being produced before the court. She was killed in this regard.”

Randhawa further revealed that the girl’s mother-in-law has given some clue to identify the assailants.

The victim, who belonged to the Jat community, was 17-year-old when she had eloped with a Dalit boy last year. The girl’s father had registered a complaint against the boy at the Rohtak City police station.

After questioning, the boy had allegedly showed forged documents to the…Read More

[sgtechs-in]

Piyush babele article on nari niketan

Piyush babele article on nari niketan

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[thedailyexcelsior]

Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge's Absence Over Nullah

Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge’s Absence Over Nullah

Mendhar: Nari Niketan Inmates Suffer On Account Of Bridge’s Absence Over Nullah

[thenewsroom8]

Patna high court to Centre: When will 3 Bangladeshi women be sent home? | Patna News

Patna high court to Centre: When will 3 Bangladeshi women be sent home? | Patna News

PATNA: The Patna high court has asked the central government when the three Bangladeshi women languishing in the Nari Niketan at Gai Ghat in Patna for the last six years would be sent back home. The division bench of Chief Justice Sanjay Karol and Justice S Kumar was hearing a criminal writ petition in the nature of habeas corpus filed by one Marium Khatoon. As the Centre did not reply, the…

[loyallogic]

Abortion Laws: Need for Overhaul, Amendment a Priority

This article has been written by Roopsi Bhagat, a student of the Law School, Jammu University.

Introduction 

“There is no freedom, no equality, no full human dignity and parenthood possible for women until they assert and demand control over their own bodies and reproductive process… The right to have an abortion is a matter of individual conscience and conscious choice for the woman concerned.” 

–Betty Friedan

Women in India have always been suppressed, they don’t even have the right to self-determination with regard to their body and hence are abstained from aborting the child out of societal pressures and state’s compulsive laws. Restrictions on access to abortion disproportionately impact women due to biological factors as well as societal perception of women as natural child bearers.

Abortion is one of the most controversial ethical issues since it concerns the taking of human life. Ronald Myles Dworkin, an American philosopher, jurist and scholar of United States Constitutional Law has argued that foetus is not complete person from the moment of its conception and he rejected the claim of the opponents of abortion that the unborn has the right to live and abortion is murder or nearly as wrong as murder. He argues that foetus has no interest until the end of the pregnancy as the brain of the foetus is not sufficiently developed until the 26th week, it cannot feel pain which is further supported by scientific claims. The question whether abortion should take place is dependent on the fact that the foetus has developed interests and not on the fact that it will develop interests if no abortion takes place. 

The path of progress of the nation starts from the womb of the mother which requires attention and not ignorance and women’s right to bodily integrity outweighs any rights that the foetus, who is a special aggregation of cells with a potential for independent life has.

Abortion– A key reproductive choice: Legal but not a Right

The Medical Termination of Pregnancy Act, 1971 legalised abortion in India upto 20 weeks of pregnancy based on certain conditions and when provided by a registered medical practitioner at a registered medical facility. Post 20 weeks an abortion is only allowed if the pregnancy poses a threat either to the mother or the baby’s life but only after approval from the apex court. Section 3 of MTP Act lays down the conditions under which a pregnancy may be terminated and clearly states doctor’s opinion is must for performing abortion in women. A woman can legally avail abortion if continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause injury to her physical or mental health, if the foetus has severe abnormalities, pregnancy is a result of rape or when pregnancy results from a contraceptive failure in case of a married woman.

             Click Above

Issues in the MTP Act of 1971

Firstly, the Act views women primarily as mothers and pregnancy as natural and inevitable. This is indicated by the provisions of the Act which allow abortion only under exceptional circumstances. The present framing of the Act implies that in exceptional circumstances the interests of the mother take precedence over that of the foetus. However, in the absence of such circumstances the interests of the foetus override that of the woman. It is presumed that in the absence of exceptional circumstances women are happy to continue their pregnancy and expected to continue it.

Secondly, only married women are given abortion rights. The Act expressly excludes unmarried, widow and divorced women. Thus, violative of principle of equality provided under Article 14 of the Indian Constitution. Live-in relations have been declared legal in India after the decision of Payal Sharma v. Superintendent, Nari Niketan Kandri Vihar, Agra and ors. But no amendment has been introduced in the present Act for including women who get conceived from this relation.

So is there an assumption that non-married people do not have sex even when live-in relations are legalised?

Also, Explanation 2 of Section 3 states married women can opt out for pregnancy where she can prove that it is caused due to contraceptive failure. The question arises now how a medical practitioner governs the authenticity of the claim of contraceptive failure. 

The two finger test of a rape victim is considered to be violative of Article 21 i.e. Right to Privacy then what prevents the law makers from considering Explanation 2 of Section 3 of MTP Act to be a hindrance in applicability of Article 21?

Thirdly, 20 weeks said period is not sufficient as most abnormalities are picked up between 20th to 24th week. Lots of kidney and brain defects manifest much later than 20 weeks. If a substantial foetal abnormality is detected and the mother doesn’t want to bear life-long caregiving responsibilities and the mental agony associated with it, the law gives her no recourse unless there is prospect of her death.

In Roe v. Wade, the court said that foetus is not a person but “potential life”, thus doesn’t have constitutional rights of its own.

Vesting fetuses with rights that are acceptable against the woman bearing them creates an intrusion on women’s bodies and personal lives.

Need for Amendment of the MTP Act

In recent years there have been several Supreme Court and High Court decisions in India that have made significant strides in recognising the fundamental rights to privacy, dignity, bodily integrity and sexual autonomy.

In KS Puttaswamy v. Union of India, the SC categorically held the exercise of reproductive choices is rooted within the constitutionally protected right of life and personal liberty under Article 21 of the Constitution.

In Navtej Singh Johar v. Union of India, the court highlighted the role that sexual autonomy plays and stated that sexuality could not be reduced to its function as mere means of procreation.

In Joseph Shine v. Union of India, in the idea of a free individual the court stated that right to sexual autonomy and privacy has the stature of a constitutional right.

Through these decisions the SC has located the rights to life, personal liberty, privacy, bodily integrity and autonomy as intertwined with reproductive rights, within the framework of gender justice. It is time now that lawmakers recognise the need to reform the MTP Act so that it can be more inclusive and sensitive towards the plight of women. It is apposite now to strike off the word married from Section 3 and expand the applicability of MTP Act to all women and remove certain other issues which restrict women to exercise freely their right to abort as moving to court for permission to seek abortion after 20 week period involve substantial mental and financial hardships.

Medical professionals argue that when the MTP Act, 1971 was enacted the technology may have allowed for safe abortions only upto the 20 week period. But advancement in medicine and technology today allow for aborting the foetus even beyond 20 week period with no additional risks. Amendment to the MTP Act is required to delete the word “married” preceding “woman” in Section 3 to extend its applicability to all women. Shield of foetal rights cannot be used to cover the deep rooted patriarchal mind-set which still harshly frowns upon pre-marital sex and still retains the opinion that women involved in premarital sex are unclean.

To the argument that allowing abortion beyond 20 weeks would induce sex-selective abortions, Dr Datar writes, “In my 25 years as a Gynaecologist, I have seen that those who want to undergo sex selective abortions do not wait till they cross 20 week period.” Government must take strict measures to control sex selective abortions rather than to put the burden of this on other women ultimately making them suffer by placing sex-selective abortions as one of the excuse for restricting women right to abort. 

Conclusion

In India legalising abortion through MTP Act has not yielded expected outcomes. Despite the existence of moderate policies, majority of women still resort to unsafe abortions. This contributes essentially to maternal morbidity and mortality.

What we need from a good law is that it should ensure no woman is turned away or forced into an unsafe abortion. As data suggests, 13 women die everyday in India due to unsafe abortions.

In the words of Swami Vivekanand, “It is impossible to think about the welfare of the world unless the conditions of women is improved.”

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[juudgeblog]

All you need to know about Live-in Relationships in India

This article is written by Dhanshree Sharma, Student, Rajiv Gandhi National University of Law, Patiala.

Every millennial, today, believes that the tie that marriage binds is too binding for them. And an alternative is a relationship that resembles marriage but without its obligations and responsibilities. This is when live-in relationships engender. This arrangement is generally entered into by consent, either to test compatibility before marriage or to simply evade the hassles of a formal marriage. Keeping the reason aside, there are a growing number of couples who choose live-in relationship over marriage. But as compared to dating, which has become acceptable among the urban, live-in relationship is considered quite unconventional. Although most couples view this arrangement as a lucrative option, some budge because it is the assent of the family that is the hardest to obtain. Even though there is no legal hurdle preventing such a relationship, now, there is still disapproval from society. Traditionally, marriage has been considered a revered institution and if a woman was financially dependent on the man, the unsteadiness in the relationship would easily portray her subservient to her counterpart. Moreover, the ‘walk in and walk out’ presumption seemed antithetical to the very ethos of marriage. However, despite the mindset of a sizeable chunk of the population, the apex court has been rather significant in providing protection to the couples.

Official statement by the Judiciary

There is no specific law on the subject of live-in relationships nor is it recognised by the Hindu Marriage Act, 1955. In the absence of any statute, the court did try to shed light on it through the judgement given in Badri Prasad v. Deputy Director of Consolidation and Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others, where in the former it upheld the legal validity of the 50-year-old live-in relationship of a couple and in the latter, the court said that a man and woman can live together, without getting married. Besides, it was also noted that it may be immoral for society but is not illegal. But some reckon that, the judiciary is neither overtly encouraging such relationships nor prohibiting it, but only rendering justice while keeping in view social and constitutional morality.

In the case of S. Khushboo v. Kanniammal & Anr., the court held that living together is a right to life. The actress Khushboo, allegedly endorsed pre-marital sex and live-in relationships and her detractors accused her of perpetuating nuisance. The court gave a judgement in the favour of the actress, thus upholding the distinction between law and morality.

And finally in the case of S.P.S. Balasubramanyam v. Suruttayan, the supreme court held that if a man and a woman live under the same roof and cohabit for a number of years, there will exist a presumption under section 114 of the Indian Evidence Act, that, they live as husband and wife and the children born thereinafter will be legitimate.

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Pre-Nuptial Agreements

A premarital agreement or ‘prenup’ is a contract between two individuals entered into before marriage. It entails the state of finances and personal liability among the couples along with the division of property in the event of divorce or break-up. Countries like Brazil, Germany and Switzerland recognise and enforce pre-nuptial agreements. But such agreements before marriage are not common in India, as they are not in conformity with the ethos of the Indian tradition. Marriage, as believed by many, is socially recognised and legally protected. But many societies around the world have gone through some formidable changes regarding the institution of marriage and live-in relationships. Currently, the concept of pre-nuptial agreements with regard to marriage is alien to the Indian legal system, let alone live-in relationships.

Finding Accommodation

Although the urban have reluctantly grown used to the idea of such a relationship, it is all the more difficult to find accommodation. Even in the metropolitan cities, there is no escape from the ghettoised benchmark of living. Then couples often resort to living in hotel rooms and in the infamous OYO Rooms, for temporary accommodation and in the limbo for a permanent abode together.

Rights of Women

The woman in the relationship can claim protection under Protection of Women from Domestic Violence Act, 2005. The status of the woman is though not equivalent but is akin to that of the wife, provided the couple has have lived together in a shared household for a considerable amount of time because the definition includes a relationship which is ‘in the nature of marriage’.

In the recent case of Ajay Bharwaj v. Jyotsna, the court awarded a sum of 40 lakhs as maintenance to the woman in a live-in relationship. The court also referred to the 2003 report of the Malimath Committee, ‘Reforms in the Criminal Justice System’,  that recommended that the word ‘wife’ in section 125CrPC should be amended to include a woman, who is living with a man like his wife for a considerable amount of time.

In furtherance of the recommendation of the National Commission for Women to the Ministry of Women and Child Development, the court upheld that the women can seek maintenance under Section 125 of Criminal Procedure Code, 1973, in the case of Abhijit Bhikaseth Auti v. State of Maharashtra and Others.

Dowry

The Supreme Court held that dowry can occur in a marital or non-marital relationship (but resembling a marriage), as it is just an unjust demand for money. In the case of Koppisetti Subbarao Subramanian vs. State of Andhra Pradesh, where the defendant would harass the live-in partner for dowry, the court reject the claim made by him that Section 498A did not apply in this instance, as he was not married to the woman. The Supreme Court delivered a landmark judgement, as it went a step further to protect woman from harassment and dowry in a live-in relationship.

Rights of the Male Partner

‘The rights of a male partner’ is hotly debated amongst the men’s rights activists and the judges, where the former accuses the latter of always gravitating towards the other sex. As of very recently, only women can claim maintenance from men in a live-in relationship. Even in the case of S. Khushboo v. Kanniammal & Anr., the court drew an assumption that ‘a live-in relationship is invariably initiated and perpetuated by men’. While this relationship is based on gender parity, the desired justice is a far cry.

Inheritance Rights of the Partners

Partners in a live-in relationship do not enjoy a right of inheritance to the property of their partner. The Hindu Succession Act, 1956 does not specify the succession rights of the partners in a live-in relationship. But in the case of Vidhyadhari v. Sukhrana Bai, the court held that a couple living together for a reasonably long time can receive property in inheritance from either partner.

Status of Children from Live-in Relationships

In comparison to formal marriage, the legitimacy of the children born in the live-in relationship is often questioned. Despite the increasing trend of couples entering in informal relationships, children from these relationships have serious legal implications.

Section 112 of the Indian Evidence Act 1872 recognizes a legitimate child, only if it was born during the continuance of a valid marriage between the mother and the father. An until recent children born from a live-in relationship were considered illegitimate in the eyes of law. But in the case of Tulsa v. Durghatiya, the Supreme Court awarded legal status to the children born from a live-in relationship. Having said that the court also mentioned that the couple should have lived under a roof for a reasonable amount of time.

Besides, Section 125 CrPC provides maintenance to children whether they are legitimate or illegitimate, till they are minors or after majority if the child is unable to maintain himself.

Nevertheless, the court in the case of Dimple Gupta v. Rajiv Gupta, held in the furtherance of the above-stated view that children from live-in relationships have the right to maintenance.

Adoption

In June 2018, the Central Adoption Resource Authority (CARA) has barred couples in a live-in relationship from adopting a child, after its Steering Committee held that cohabitation without marriage is not considered a stable family in India.

Rape Allegations

Recently, Public interest Litigation was filed in the Delhi High Court which sought the government to keep the cases of live-in relationships outside the purview of rape under the Indian Penal Code. However, the High Court dismissed the PIL stating that nobody could be arrested only on the basis of an allegation of rape prior to conducting a preliminary inquiry; there are an alarming number of rape cases registered by the police, which the police suspects have germinated due to termination of the live-in relationship or simply refusal to marry. According to the report by the Delhi Police, at least 25 per cent of the registered rape cases in a live-in relationship were false. In spite of this, a man living in with a woman is not immune to the charges of rape; in furtherance to the idea of rape in a domesticated setting, marital rape is not a crime regardless of the status of matrimony.

Divorce or Break-up

In the case of a live-in relationship, it is not possible to have a formal divorce in the eyes of law. The consequences of the dissolution of this relationship are left unanswered in law, for example, the absence of law in case of division of their joint property after separation. Though it is fairly easy to get into a live-in relationship but the aftermath of dissolution is still ambiguous.

Conclusion

The status of live-in relationships in other countries is far more relaxed and progressive. In Canada, all the live-in couples enjoy the legal sanctity if they have lived together for 12 months or they give birth or adopt a child. This gives immediate legal status to the relationship and the child thereof.

But in India, the social stigma goes against the individualistic way of living in apprehension of high rates of adultery, vulnerability of women and uncertainty of the future of children. The social fabric of our country seems gradually change with time, with society and the media co-constructing each other. The reciprocal impact of the socio-economic and cultural change renders the unconventional visible and slightly acceptable.

For Example, the Red Label commercial, where the parents surprise their son on his birthday at his house, only to find his live-in partner with him, has taken a controversial topic and associated it with a socially progressive message. And real estate websites like 99acres have increased the acceptance of an informal cohabitation of the couples thereby slyly integrating the idea in the society. But the idea of live-in was not entirely new, it existed even before the judiciary protected individuals and then the society would boycott the perpetrator. An activist from the Indian freedom struggle and a socialist leader, Ram Manohar Lohia never married but instead was in a live-in relationship with Rama Mitra. He, once, said that a man and woman could do anything so long as the breach of commitment and use of force was not there.

The aversion to the idea is not new and nor will it end in a jiffy, societal unconditional acceptance take longer than the judicial overhauling of the system.

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