Model Answer
0 min readIntroduction
The institution of marriage, historically a cornerstone of Indian society, is undergoing a significant transformation. Traditionally defined by codified rituals, economic exchange (dowry), and lineage continuity, marriage has long been a public and formalized union. However, the rise of “live-in relationships” – where couples cohabitate without formal marriage – presents a complex challenge to these established norms. Recent years have witnessed a surge in their prevalence, fueled by changing societal values, increased female autonomy, and a questioning of traditional marital structures. This necessitates a critical examination of where live-in relationships fit within the broader institution of marriage.
Defining Marriage and Live-in Relationships
Marriage, in the Indian context, is more than a legal contract; it's a social and religious institution. The Hindu Marriage Act, 1955, governs Hindu marriages, emphasizing the sanctity and permanence of the union. Live-in relationships, on the other hand, are consensual, informal cohabitation arrangements, lacking the legal framework and social sanction of marriage. They represent a conscious choice to forego the formalized structure of marriage.
Challenges to the Traditional Institution of Marriage
Live-in relationships pose several challenges to the traditional understanding of marriage:
- Erosion of Ritualistic Significance: Marriage is deeply embedded in religious rituals and ceremonies. Live-in relationships bypass these, diminishing their importance.
- Lineage and Inheritance: Traditional marriage serves as a mechanism for lineage continuity and inheritance. Live-in relationships complicate these aspects, leading to legal ambiguities.
- Social Expectations: Marriage carries significant social expectations regarding roles, responsibilities, and family obligations. Live-in relationships often deviate from these norms.
- Gender Dynamics: While some view live-in relationships as empowering for women, offering greater autonomy, they can also perpetuate power imbalances if not founded on equality.
Legal Recognition and its Implications
The legal landscape surrounding live-in relationships is evolving. The Supreme Court of India has acknowledged the right to cohabit without marriage in Shakti Vrs. Dhiraj Kumar (2003) and Badar Vs. Delhi (2005), recognizing the right to choose a partner and live together. However, it also emphasized the need for laws to protect the rights of women in such relationships, particularly concerning maintenance and property rights. The Protection of Women from Domestic Violence Act, 2005, extends protection to women in live-in relationships if the relationship fulfills the criteria of ‘domestic violence’. The recent debate surrounding the need for a law specifically governing live-in relationships, initiated by the Law Commission, highlights the ongoing legal complexities. It is important to note that as of late 2023, a draft law is under consideration, aiming to regulate these relationships and provide legal recourse.
Social Acceptance and Shifting Values
Social acceptance of live-in relationships is increasing, particularly in urban areas. This shift is driven by:
- Increased Female Education and Employment: Women's economic independence reduces reliance on marriage for security.
- Changing Attitudes towards Marriage: Marriage is increasingly viewed as a personal choice rather than a societal obligation.
- Exposure to Western Culture: Exposure to diverse relationship models influences perceptions.
However, stigma and disapproval persist, particularly in more conservative communities.
Live-in Relationships as a 'Transitional' Phase
Some view live-in relationships as a "testing ground" or a precursor to marriage, allowing couples to assess compatibility before formalizing their union. Others perceive them as a viable alternative to marriage, reflecting a fundamental shift in relationship preferences. The data from the National Family Health Survey (NFHS-5, 2019-21) suggests a rising trend in cohabitation, although the exact percentage of live-in relationships remains difficult to ascertain. Approximately 7% of women in India reported being in a relationship without marriage.
| Aspect | Traditional Marriage | Live-in Relationship |
|---|---|---|
| Legal Framework | Governed by Acts like Hindu Marriage Act, 1955 | Currently lacks comprehensive legal framework, but protected under certain acts. |
| Social Sanction | High social approval and obligation | Varying degrees of acceptance; often faces stigma. |
| Commitment | Generally perceived as permanent | Can be short-term or long-term; commitment levels vary |
Conclusion
Live-in relationships are not necessarily a direct challenge to the institution of marriage but rather represent a significant evolution within it. They highlight changing societal values, individual preferences, and the evolving role of women. While they pose legal and social complexities, they also offer a pathway to alternative relationship models. Moving forward, a balanced approach is needed – one that respects individual choices while ensuring legal protections, particularly for women, and fosters a more inclusive understanding of family structures in India.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.