Ajay Pratap Singh, a Rajya Sabha Member of Parliament and Bharatiya Janata Party leader, on Wednesday demanded that the government bring a law to declare live-in relationships as illegal in India. Speaking during Special Mentions in the Rajya Sabha yesterday, Singh cited incidents of violence and crimes against women perpetrated by their live-in partners to seek a ban on all such relationships.
Citing data from the World Health Organization, Singh, who hails from Uttar Pradesh, claimed that around 38 per cent of all murders of women in the world are done by their intimate partners.
“Marriage and family ties are a cultural heritage in India. Our religious scriptures and customs do not grant recognition to live-ins,” Singh said.
To press his point further, Singh cited the recent murder of one Saraswati Vaidya in Mumbai allegedly by her live-in partner. The MP also differed from the Supreme Court which has recognised live-in relationships despite pointing out that it is perceived as immoral.
“The court said that Indian society considers it unethical but it’s not illegal,” Singh pointed out, adding that if live-in relationships are unethical, they “should be illegal too”.
“The government should take cognizance of this and bring a law so that this subculture can be stopped and women can be protected,” he added.
Though stigmatised, live-in relationships in India have been recognised through various judgments over the past few decades. In 1978, the Supreme Court in Badri Prasad Vs Board of Consolidators ruled that a presumption of marriage arises if a man and a woman have lived as husband and wife for a long time.
In 2001, the Allahabad High Court in Payal Sharma Vs Nari Niketan ruled that it is not illegal for a man and a woman to live together. The HC also drew a distinction between law and morality.
In 2006, the Supreme Court in Lata Singh Vs State of UP ruled that two persons of the opposite sex living together are not doing anything illegal.
In 2010, the SC in S. Khushboo Vs Kanniammal & Another. reiterated the 2006 verdict and noted: “A live-in relationship between two consenting adults of heterogenic sex does not amount to any offense even though it may be perceived as immoral”.
In 2013, the Supreme Court in Indra Sarma vs VKV Sarma ruled that the woman partner in a live-in relationship is protected under the Protection of Women from Domestic Violence (PWDV) Act, 2005.
IN March this year, the Supreme Court dismissed a PIL seeking framing of norms for registration of every live-in relationship with the Centre and cited increase in crimes like rape and murder allegedly committed by live-in partners behind its demand.
“What does the Centre has to do with registration of live-in relationships? What kind of hare-brained idea is this? It is high time this court start imposing cost on petitioners who file these kinds of PILs. Dismissed,” a CJI-led bench said.