Live-in Relationships, Same-Sex Rights & Family Law Developments in India
A live-in relationship is generally said to living together without tying the knot. In India, living together before marriage was seen as a crime or offence as per the Indian culture for a long time.
Previously, the Hindu Dharma preferred ‘Ekapatni Vrat’ which means ‘one man, one wife’ as one of the most holy forms of matrimony, but now people have started to evolve with time and started accepting a few refusing practices.
The live-in relationship concept is not recognized as a legal union in India like some other countries. However, the Supreme Court of India has said that a live-in relationship without tying the knot is not a criminal offence or illegal. Partners living together without marriage do not have the same legal rights just like married couples but they have legal protection under laws.
1. Constitutional Rights to Equality, Privacy, and Non-Discrimination :
In various cases, Indian courts have upheld the Right to Equality (Article 14), Right to Privacy (Article 21), and Right against Discrimination (Article 15) as fundamental to the dignity and personal liberty of individuals, irrespective of their sexual orientation.
a. Right to Equality (Article 14):
Article 14 of the Indian Constitution guarantees that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This broad provision forms the bedrock of anti-discrimination in India and has been interpreted to prohibit arbitrary discrimination based on sexual orientation. The courts have established that Article 14 ensures that LGBTQ individuals, like other citizens, deserve equal protection of their rights. The judiciary has interpreted this provision to challenge laws and practices that disproportionately impact individuals based on their sexual orientation or gender identity.
Significance for LGBTQ Rights:
Article 14 was instrumental in the Navtej Singh Johar v. Union of India (2018) judgment, where the Supreme Court decriminalized consensual same-sex relationships by reading down Section 377 of the Indian Penal Code (IPC). The court held that LGBTQ individuals have equal rights to freedom and personal autonomy, underscoring that discrimination based on sexual orientation violates Article 14.
b. Right to Privacy (Article 21) :
Article 21 provides that “no person shall be deprived of his life or personal liberty except according to procedure established by law.” This right to life and personal liberty is expansive, including aspects of individual autonomy, dignity, and privacy. In the landmark Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India (2017) judgment, the Supreme Court recognized privacy as a fundamental right intrinsic to individual liberty. The court explicitly recognized that an individual’s sexual orientation is an essential aspect of their privacy, autonomy, and dignity. This judgment laid a constitutional foundation for the protection of LGBTQ rights, as it declared that choices related to personal relationships fall within the realm of protected privacy.
Impact on LGBTQ Rights:
The Puttaswamy judgment’s recognition of privacy as fundamental bolstered LGBTQ rights by affirming that the state has no right to interfere in consensual, private relationships. This constitutional protection of privacy was subsequently cited in the Navtej Singh Johar case, where the Supreme Court invalidated Section 377, emphasizing that sexual orientation is central to one’s identity and dignity and, therefore, protected under the right to privacy.
c. Right against Discrimination (Article 15) :
Article 15 prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. While the text of Article 15 does not explicitly include “sexual orientation” or “gender identity” as grounds, the Supreme Court has broadened its interpretation to include these categories. In Navtej Singh Johar v. Union of India, the Supreme Court acknowledged that discrimination based on sexual orientation is akin to discrimination based on sex, which Article 15 explicitly prohibits. The court ruled that sexual orientation is an innate characteristic, and any discrimination based on it violates the dignity and liberty guaranteed under the Constitution.
Implications for LGBTQ Rights:
The expansion of Article 15 to include sexual orientation has opened the door for LGBTQ individuals to seek equal protection against discrimination in areas such as employment, healthcare, and housing. This expanded interpretation helps advocate for the protection of LGBTQ couples’ rights, challenging discriminatory practices that affect their ability to live with dignity and without stigma.
2. Rights under Live-in Relationships in India
The concept of a live-in relationship is not defined anywhere in India. It is referred to a proposal of two individuals living together with consent. It allows an individual to understand each other which helps in making an informed decision for marriage. In addition to this, an individual must also know the rights of an individual under a live-in relationship in India.
Right to Maintenance
The live-in relationship has the same provisions as Section 125 (1) (a) of the Criminal Procedure Code, 1973 which deals with the right to maintenance. Section 125 (1) (a) of the Criminal Procedure Code, 1973 deals with the Right to Maintenance that states giving monetary assistance to wife, child, or parents.
Right of Inheritance of Property for Children
As per the Supreme Court of India, a man and woman living together for an extended period are said to be married and thus they are permitted all legal rights. Section 16 of the Hindu Marriage Act says that the children are allowed to the self-acquired property of their parents.
Additionally, children have the right to maintenance as per the Criminal Procedure Code, Section 125 (1) (a), even in the case if their parents’ laws do not grant it and the live-in partners are bound to have the responsibility to care for their children even if they are no longer together.
Children’s Custody Rights
Child custody becomes an important factor when partners end a live-in relationship. Due to the lack of special laws governing the custody rights for children born in live-in relationships; hence, such situations are handled by the courts in the same manner as marriages. The well-being of the minor is the most priority concern, and the court takes it into account while determining custody.
In 2010, when talking about women's safety, the concept of live-in relationships was given official legal recognition. It was stated that women in live-in relationships to be protected by the domestic violence statute.
3. Current Legal Status Of Same Sex Marriages In India
- The principal private and civil marriage legislation, such as the Special Marriage Act of 1954, continues to utilize terminology assuming a man-woman partnership.
- The Supreme Court’s 2023 and 2025 decisions mean the judiciary has left the matter of registration and recognition mostly to the legislature (Parliament) and states. That means registrars are not mandated by the Court to treat same-sex unions as marriages under current law.
- Some states may offer registration of live-in relationships or informal recognition, but that is not the same as full marriage registration with all rights.
- Practically, many gay marriage or homo marriage attempts to register are either refused or go into litigation. Without clear law, couples face uncertainty.
4. JUDICIAL APPROACHES TOWARDS ON LIVE-IN-RELATIONSHIP
- Badri Prasad v. deputy Director of Consolidatione-
The supreme court recognized the Live-in Relationship as a valid marriage. And a fifty years Live-in -relationship was awarded the legal validity.
- Tulsa v. Durgahatiya-
The supreme court of India provides that if a couple lived together without marriages and the the children born out of that relationship . The legal status to children born out from the Live-in Relationship provide by the supreme court of India.
- D. Veluswamy v. D. Patchaiammal -
In this case the supreme court laid down there are some pre requisites for a valid Live-in-relationship such as;
1. Partners should cohabit voluntarily.
2.For a significant period of time , they must be regarded as a couple before the outer world.
- S. Khusboo v. Kannianmal and another-
The Supreme Court held that living together is a fundamental right under Article 21 of the constitution of India. It means that Right to life. It is not Illegal in the eyes of the laws although , it may be immoral in the eyes of the Conservative Indian Society.
- Navtej Singh Johar v. Union of India (2018)-
Building on the Puttaswamy decision, the Supreme Court in Navtej Singh Johar decriminalized consensual same-sex relations, citing Articles 14, 15, and 21. The court emphasized that the LGBTQ community has equal rights to autonomy and freedom, which are central to human dignity. The court’s judgment highlighted that sexual orientation is intrinsic to an individual’s identity and that stigmatizing it contravenes the constitutional values of equality, privacy, and dignity.
- Indira Sarma v. V. K.V. Sarma-
The Supreme court laid down that the Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country like India. The decision to marry or not to marry to any person or to have a heterosexual relationship is intensely personal.
5. Can Same Sex Couples Adopt under Indian Law?
a. Indian law permits single LGBTQ individuals to adopt under the Juvenile Justice (Care and Protection of Children) Act, 2015.
However, adoption as a couple is currently prohibited due to the lack of recognition of LGBTQ marriages.
b. The Hindu Adoption and Maintenance Act, 1956, which governs adoption for Hindus, does not acknowledge same-sex couples as legitimate adoptive parents, making joint adoption a challenge.
LGBTQ couples who wish to adopt face barriers in creating legally recognized family units.
c. Implications for LGBTQ Couples:
i) Recognizing joint adoption rights for LGBTQ couples would ensure the child’s welfare by providing stable and legally supported parenting environments.
ii) Without legal recognition as co-parents, LGBTQ couples cannot establish formal, shared parental rights, potentially complicating custody arrangements in case of separation.
d. Potential Path Forward:
Legislative amendments to the Juvenile Justice Act and other adoption laws to explicitly allow LGBTQ couples to adopt could enable LGBTQ families to enjoy the same rights and responsibilities as heterosexual couples, safeguarding the child’s best interests.
Conclusion
In conclusion, Indian constitutional law, reinforced by Articles 14, 15, and 21, champions the protection of LGBTQ rights, embedding equality, privacy, and non-discrimination as pillars of human dignity. Through landmark judgments like Justice K.S. Puttaswamy and Navtej Singh Johar, the judiciary has recognized the right of LGBTQ individuals to live with respect, autonomy, and equal legal standing. As society progresses, this constitutional commitment paves the way for further advancements, bringing India closer to a future where all relationships and identities are valued equally under the law.
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