Table of Contents
Introduction
In India, Living as an unmarried couple is not easy as compared to western countries. Although It is legalized in India still couples cannot live as in western countries. The lifestyle and people’s perception of the changes in society are shifting slowly. Indians are accepting things quickly and becoming open-minded about modernization but many still believe that relationships before marriage are something as not ‘appropriate’. some of the rights that unmarried couples should know to enjoy the life of a live-in relationship in India. The rights are to be known to get rid of problems, not to take advantage to involve in an illegal act.
Legal Rights Of Unmarried Couples
Rights to check-in Hotel Together
Many hotels do not allow unmarried couples to book a room together if they are above 18 years of age with valid identity proof. But, there is no legislation that prohibits unmarried couples from booking a room together. It is not a criminal offense for an unmarried couple to share a hotel room together
In 2019, the Coimbatore district administration sealed an apartment after finding an unmarried couple staying in the apartment. In this case, the Madras High Court clarifies that no laws or regulations say that unmarried couples stay in hotel rooms as guests are welcomed. At the same time, it is not considered an offense to be in a live-in relationship, supporting that the staying of unmarried couples in the hotel will not be a criminal offense.
There is no law in India that prohibits hotels from hosting unmarried guests, or those who belong to the same city as the hotel’s location. However, some hotels have a restricted check-in criteria.
No Restriction to sit in a Public Place
Unmarried couples have the right to roam and sit together in public places as long as no “obscene act” takes place.
A law under section IPC 294 states that the victims can be punished with three months imprisonment if they are involved in any “obscene act” in public places.
Police have no Right to harass Unmarried Couples
The right to privacy includes sexual autonomy and also protects unmarried couples. Sexual autonomy is an integral part of Article 21 of the Indian Constitution. The police have no right to arrest unmarried couples for engaging in consensual sex in private places. – The Supreme Court judgments in the cases such as the 2017 Puttaswamy case and the 2018 Navtej Johar case.
Rent A House In India
There is no law forbidding unmarried couples from renting or buying a home together. Unmarried couples can live together and buy or rent a property and become joint owners.
A child born out of a Live-In Relationship Are Legitimate
If a live-in couple has resided under the same roof for some years, then any child born to them will not be illegitimate. The Supreme Court decided that children born to a live-in couple are legitimate
The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 also includes the right of partners in a live-in relationship to receive protection from domestic violence and abusive relationships.
Conclusion
Unmarried couples are actually allowed to stay together in a hotel in India and it is not illegal. People and their perspectives always differ. While some believe that it is completely fine to stay with your partner consensually, others believe it to be obscene and even mention it as a crime. With years passing by Most things are not as similar in society as they were a few decades back.
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