RIGHTS OF UNMARRIED COUPLES IN INDIA

AUTHOR: Ilisha Senapati

ABSTRACT

?In today’s era where Live in relationships and pre marital sex is legal as well as highly acceptable worldwide, it is quite common rather natural that young unmarried couples would require some privacy together. In our country there are always conflicts between laws and morality. We consciously or subconsciously tend to accept the morality and define it as laws. So, if an unmarried couple wants to do something of their choice which they think to be acceptable we as a society might not agree with them but at the same time would not make it highly difficult for them to achieve. There is a pre conceived notion among our society that sexual intercourse between two persons without any marital relationship is stigmatised as a taboo. These makes the couples not acquainted enough about their rights and privacies. With due right and respect an unmarried couple can spend some time together in a hotel room in their own privacy. Our Constitution of India has given such liberty and freedom to its citizens.?????

Key words: unmarried couple, hotel rooms, rights, voluntary sexual intercourse, lawful.?????

INTRODUCTION

“There is no law that prohibits unmarried couples from staying together in hotels. Choosing to stay together is a personal choice and falls under freedom of movement, which cannot be restricted

-Senior Advocate Sudha Ramalingam

News Minute, 19th May 2015

In the 21st century the most adequately approachable behaviour of all the people towards the society should be modernistic. Modernist ideology must be clear cut and anti colonial along with their vision aiming of a civil libertarian, democratic, secular and socially radical society. India is considered to be a Sovereign, Socialist, Secular, Democratic and Republic Constituent Assembly. The term ‘liberty’ means the absence of restraints on the pursuit of individuals while providing opportunities for the development of individual personalities. However, liberty does not give opportunity to do what one likes, and has to be enjoyed with the limitations mentioned in the Constitution itself.?

With the drastic evolution of the lifestyle culture as well as the thought process of the individuals people are getting rejuvenated from the past stereotypical peripheral. The youths of this era plays a very vital significant role in contravening this statute. The unmarried young Indian couples are much more vocal and opinionated their affection and desire are quite newfangled. In consequences of which they have to endure a lot of vulgar comments and harassment. Today's world may give birth to a situation where they would want to stay in a hotel for few hours or some days the reason maybe whatever as long aa it is legal.

Even after attaining the modern touch in our society the social stigma moral policing and the dusty old thinking process is still somewhere prevailing . In order to preserve the good faith “Fides Servanda Est” the couples should be well aware of their rights before confronting any kind of harass mental situation in public.?

Rights of unmarried couples to stay in hotel together if they are adult:-

There is no such specific or identified a law in the Indian Constitution which can refrain a young unmarried couple from consensual entering into hotels with valid id proofs being provided by both the parties and they both must complete the age of 18 years.

In 2019, when the Coimbatore district administration sealed an apartment for finding that it was occupied by an unmarried couple, the Madras High Court stepped in and clarified,

“Apparently there are no laws and regulations forbearing unmarried persons of opposite sex from occupying hotel rooms as guests. While living relationship of two adults is not deemed to be an offence terming the occupation of hotel room by an unmarried couple will not attract a criminal offence.”

Interventions of the public in the private affairs one lead to a clean, well behaved society. Indian society fails to understand that the activities between two conscious and consenting adults should not be any of the other persons business. We must have faith over our Government and its Law Enforcement Agencies. When Judicial System is willing to greet and recognise the rights, the older generation and its legislature is standing in its way.?

There is a thin line of demarcation from illegal and immoral. Illegal means something that is in contrary of forbidden by law and immoral means something that does not confirm the accepting standard of the morality. But when they matter is about the conservative side of India there isn’t any distinction. For instance, live in relationship are legalised in India yet? we do come across through many instances where couples are denied residence or social vigilantes. In India the primacy importance is always provided to the ‘Sanctity of the Indian Culture’ rather than the respecting the will and privacy of Indians.

The Constitution of India provides freedom of movement to all the citizens with the help of Article 19(1)(d) and also not to be discriminated under Article 15(2).

Hotel Association of India has clearly stated the booking of rooms by unmarried couples is considered to be legal. Yet many hotels refrain the bookings for the sake of their reputations.?

Rights of unmarried couples against arrest:-

The Constitution of India grants as the right of privacy through Article 21 and sexual autonomy is the integral part of this Article. The Hon’ble Supreme Court of India has reiterated this in its judgment in:- Justice K.S. Puttaswamy (Retd) vs Union of India and Ors. (2017) 10 SCC 1? and in Navtej Singh Johar & Ors. Vs Union of India AIR 2018 SC 4321.

The police authorities do not possess the right of arresting the unmarried couples from staying together in hotel rooms. If the adults are residing consensually then police personnel cannot arrest them.?

It is the job of the law enforcement agencies to look out for illegal activities and ensure that there isn’t any wrong going on in the society. In order to maintain that they often conduct raids and ensure everything is legal.?

In contrary to this the police officials has no ascendancy to arrest the couples on any ground unless and until there is any illegality is involved. There is a particular thought process among the law enforcement agencies that this couples are highly vulnerable and informing their parents would be bring humiliation and shamelessness for their so called ‘crime’.?

There are preventive measures which can help the couples to escape from such unusual circumstances:-

• Indecent public behaviour

A common accuse for the police personnel in order to detain the couple is highly on this ground. At such a moment the couple should be aware enough that the hotel rooms are quite a private place and not a public one. So if such a situation arises without any fear and hesitation they should confront the police as the police are liable to arrest or detain someone for illegal activities but getting a room is not one.?

• Taking photographs or videotaping them in order to harass the couple

Though clicking pictures of taping a person is not restricted by law, still it’s a blatant invasion of privacy. However, if a police personnel does so then its completely against the law so in such a circumstantial peripheral the couples has the full right of stopping the police personnel from doing so and be vocal of their knowledge. But one very important thing which they should seriously remember that is to maintain their stance and to handle the situations calmly.?

• Abduction

This can be a devious ground only if the girl’s parents are supporting the police authority. Hence in that case the boy should tackle the situation calmly and provide sufficient evidence in order to prove him not guilty.

• Phone calls to parents

?If ever any couple falls in this situation they should make their decision very wisely and handle the situation with utmost care. It is highly advisable to give a thought about the consequences of their decisions and keep parents in the loop. Parental support might weaken the case.?

• Extortion

Often policeman has this certain stereotypical notion that couples who books hotel room are either hiding it from their parents or keeping the parents completely unaware of it. In such case, they try to extort money from the couples by either blackmailing them saying to inform their family members or by relinquishing them. Such an act by the police is illegal and amounts to extortion. If such an act arises immediately they ought to report to the competent authorities.

CONCLUSION

It’s high time that we talk aloud about the sexual need or pleasure of all the human beings. It is not a matter of fact that we all should be ashamed of. In our Indian society the voluntary sexual intercourse is stigmatised and restricted till the procreation of child. Just the way we have need for food in order to survive in the same way we do have sexual needs. We should stop obscuring young unmarried couples.

There are several bold and modern start-up companies such as Airbnb, StayUncle, Oyo, etc. who has desperately tried and makes the life of young couples much easier. In these places they can rent rooms for shorter period of time.

In order to modernise the society the ideology of the elderly people i.e., to live a life in a certain mannerism and their desperate hung on to the same idea need to take a halt. This certainly does not mean disrespecting their ideology or culture. The ideology of today’s youth is rather distinctive. It is highly crucial to understand that just as the elderly people are integral part of our society on the other hand the young generations are significant part of a society the person who will bring prosperous, futuristic, developed tomorrow are those youth whose ideas will do nothing but reform and modify our society.?