Live-in Relationships: Is It Destroying The Bhartiya Culture or Not?
The idea of live-in relationships can be a topic of debate in any culture,
especially in our diverse Bhartiya culture. Some see it as a reflection of
evolving societal attitudes toward relationships and personal choices. But on
the contrary it is just a trend which is being copied from the western
societies, this practice challenges our rich and divine traditional values,
those values that we as the citizens of this country have learned from our
childhood.
It's critical to understand that in a country like India it can be perceived
that the live-in relationship is having numerous negative effects which are
rooted in our traditions and values. In the modern time people may look for
partnerships that are more in line with their own preferences as society
develops but from a cultural perspective where marriage is considered a sacred
union and rite which is central to family life. In the sacred union that is
marriage not only two individuals are forming a bond, but two families are.
In the Indian culture family plays a central role in an individual's lives and
the decisions regarding relationships often involve the entire family.
The acceptance of live-in culture can be seen as a departure from the
traditional values, and it will lead to weakening of cultural norms which
surround, marriage, family structure and social cohesion.
Live-in relationships will strain family dynamics which could cause disapproval,
conflicts and tension within the family unit. That can lead to emotional
distress and a feeling of alienation or estrangement from the loved ones and
even the society one lives in.
Moreover, in a country with so diverse cultures where each and every single
religion states that union of two individuals should form a bond which is
marriage and not some western practice. We should respect the orthodox ways
which is being followed from a long time and not change the structure of family
just to say that "It is progressive in nature."
As for the legal perspective on live-in relationships in India, there remains an
uncertainty regarding the legal rights and protections of cohabiting partners.
This lack of legal clarity can leave individuals vulnerable to exploitation,
discrimination, injustice and even an increase of assaults specifically sexual
assaults just because there aren't any particular rights provided to protect
individuals in a live-in relationship.
For example, the case of Alok Kumar vs State (2010) the court held that
in a live-in relationship, there are no strings attached, and such a
relationship does not create any legal bond among the parties. The court, while
referring to the live-in relationship as a walk-in and walk-out, held that those
who do not wish to enter in such relations may enter in the bond of marriage,
where the parties are not allowed to simply break the bond and have legal
obligations. Individuals who are in live-in relationships cannot complain of
infidelity or immorality.
The latest case which came into light is the Sharda Walkar Case
In the Shraddha Walkar murder case, the Delhi court has framed charges against
Aaftab Poonawala, who is accused of killing his live-in partner, Shraddha Walkar,
and dismembering her body into several pieces. The court has charged Aaftab
Poonawala with murder and disappearance of evidence.
To present my case further, being in a live-in relationship mitigates the
accountability, responsibility and commitment of both the individuals.
Referencing the case of Lata Singh vs State of U.P. (2006) where the
Court held that a major girl is free to marry anyone she likes or may live with
anyone she likes. The Court further held that the presented case is an abuse of
the process of the court and the administration mechanism,
another case of Khushboo vs Kanniamal (2010) The Supreme Court of India
held that there is no legal provision where adults are voluntarily associated in
sexual relationships other than marriage. So, if any practice which is not yet
fully understood by the law doesn't hold any legal obligation that practice
shouldn't be continued.
The second concern is of the children bore from this companionship, as they have
not been given any clear status whether they are legitimate or not. But that is
not the only consequence faced by the children, if any of the child's parent or
even both of the parents who are in a live-in relationship, they can deny
responsibility of that child leaving him as an illegitimate orphan. Moreover,
the concept of a live-in relationship is comparatively new and therefore, there
are no amendments regarding the right of succession and inheritance in cases of
live-in relationship, since all the succession and inheritance laws were
primarily concerned with a married couple and there is no legal provision where
adults are voluntarily associated in sexual relationship other than marriage.
In conclusion, live-in relationships in India represent a significant shift in
cultural attitude toward love, marriage, and personal autonomy. They challenge
traditional values and norms, they also reflect the changing dynamics of modern
society prevalence of live-in relationships are likely to increase, prompting
further discussions about their impact on cultural identity, family dynamics and
social cohesion.
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