Whether live-in relationships and same-sex marriages violate societal norms & destroy social structure in India?

Marriage

Before we look at Live in Relationship and Same sex marriage, first look at what is marriage, why marriage & its social relevance.

What is Marriage?

Marriage is a socially and ritually recognized institution, traditionally between a man and a woman, and is considered a cornerstone of human society. It is one of the oldest and most vital institutions, integral to the formation and sustenance of families, and thus the backbone of human civilization. Through marriage, individuals not only propagate future generations but also establish a social structure that regulates relationships, responsibilities, and rights.

Marriage creates a bond that fosters new social relationships and reciprocal rights between spouses, while also establishing the legal and social status of children born from the union. It provides a socially recognized framework for regulating human sexual behavior, ensuring the continuity of the human race. Each society prescribes specific rules and procedures for marriage, including prohibitions, preferences, and cultural prescriptions, to maintain societal order.

Sociologists and anthropologists have defined marriage from various perspectives:

1.?????? Edward Westermark: “Marriage is a relation of one or more men to one or more women which is recognized by custom or law and involves certain rights and duties both in the case of the parties entering the union and in the case of the children born of it.”

2.?????? Legal Definition: According to a legal dictionary, marriage is “the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law.” Legally, marriage binds two individuals in a contractual relationship, merging their possessions, incomes, and lives under the recognition and protection of the law.

Right to Marry

The right to marry is a fundamental aspect of personal liberty and family life. It is foundational to justice, freedom, and peace in society. In India, the right to marry is considered a component of the right to life under Article 21 of the Indian Constitution, which states: "No person shall be deprived of his life and personal liberty except according to procedure established by law."

This constitutional provision underscores the importance of marriage not only as a personal choice but also as a legal and social institution essential to individual freedom and societal stability. Marriage, therefore, serves as a bridge between personal liberty and social responsibility, making it a cornerstone of human existence and cultural continuity.

Various Laws that Regulate Marriages in India:

1.?????? Hindu Marriage Act, 1955 – This act applies to Hindus, Buddhists, Jains, and Sikhs and governs the marriage and divorce of couples belonging to these religions. The act provides for the conditions of a valid marriage, registration of marriages, and grounds for divorce.

2.?????? Special Marriage Act, 1954 – This act applies to all citizens of India and allows couples of different religions and castes to marry each other without having to convert to each other’s religion. The act provides for the solemnization of marriages by a marriage officer and registration of marriages.

3.?????? Indian Christian Marriage Act, 1872 – This act applies to Christians in India and provides for the conditions of a valid marriage, registration of marriages, and grounds for divorce.

4.?????? Muslim Personal Law (Shariat) Application Act, 1937 – This act applies to Muslims in India and provides for the application of Muslim personal law in matters of marriage, divorce, and inheritance.

5.?????? Parsi Marriage and Divorce Act, 1936 – This act applies to Parsis in India and provides for the conditions of a valid marriage, registration of marriages, and grounds for divorce. Foreign Marriage Act, 1969 – This act provides for the registration of marriages of Indian citizens solemnized outside India.

6.?????? Dowry Prohibition Act, 1961 – This act prohibits the giving or taking of dowry in marriages and provides for penalties for those who violate the law.

7.?????? Protection of Women from Domestic Violence Act, 2005 – This act provides for the protection of women from domestic violence and abuse in marriages and relationships.

8.?????? Child Marriage Restraint Act, 1929 – This act prohibits the marriage of children below the age of 18 years and provides for penalties for those who violate the law.

9.?????? Special Marriage Act 1955: The Special Marriage Act, 1954, is a progressive Indian law allowing inter-caste and inter-religious marriages without requiring religious conversion. It provides a civil form of marriage, enabling couples to marry in a secular ceremony or register their religiously solemnized marriage under the Act. The Act ensures legal protection for such marriages, applies to all Indian citizens regardless of religion, and sets guidelines for age, consent, and mental soundness. It also includes provisions for divorce, annulment, and legal separation. By promoting equality and secularism, the Act plays a pivotal role in facilitating interfaith and inter-caste unions in India.

What is marriage in Indian Society?

In Indian society, marriage has been considered a sacramental union and forms the basis of the family structure. Although variously defined, in its archaic form, marriage looks as the social union between a male and a female (by birth) forming a social institution for the establishment and regulation of a proper relationship between the sexes.

What Indian Culture says?

a)????? According to the Hindu Law, Marriage is a body for the performance of religious duties. It is deemed as a holy union in Hindu Law and also considered to be a union of flesh to flesh and blood to blood. It is a religious sacrament and not a civil contract. The Hindu Marriage Act 1955, Sec.5 provides right to marry under statutory condition. Hinduism is against Homosexuality and is unacceptable to most Hindus. Hinduism teaches that the ‘natural’ thing is for men and women to marry and have children. On the contrary, those who go against this natural relationship are violating their own dharma.

b)????? In Sikhism, The Guru Granth Sahib only mentions marriage in relation to a man and a woman forming a spiritual union.

c)?????? According to the Muslim law, the Quran states “every person must marry.” Quran asserts that marriage is the only way to satisfy one’s desire. Marriage (nikah) is defined to be a contract which has for its object the procreation and the legalizing of children. The Quran mentions sex between men several times, in the context of the story of Sodom and Gomorrah, in which some city inhabitants demand sexual access to the messengers sent by God to the prophet Lot. God destroyed Sodom and Gomorrah for their sin and perversions; hence it is ‘Haram,’ Islam has for centuries been much more tolerant than Christianity. The biblical emphasis upon the loving union of male and female, as an integral part of God’s creation ordinance, establishing family only by a man and woman.

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Live-in Relationships

Definition: A live-in relationship is an arrangement where two adults choose to live together in a long-term, intimate relationship without legally marrying, cohabiting as a couple without the formal ties of marriage.s

·???????? Key Characteristics:

o??? Long-term cohabitation: The couple lives together in a domestic setting for an extended period, resembling a marital partnership but without formal marriage.

o??? Individual Freedom: Unlike marriage, live-in relationships do not enforce the traditional obligations and commitments associated with marriage.

o??? No Legal Ties: There are no legal rights or obligations in a live-in relationship, unlike marriage, which is legally recognized in most jurisdictions.

·???????? Historical Context:

o??? The concept of live-in relationships is not new; they were more common before the institution of marriage became widespread in human history.

o??? In ancient times, humans lived in close quarters without the formalities associated with marriage, and the concept of marriage later emerged to regulate relationships and gain social approval.

·???????? Marriage vs. Live-in Relationships:

o??? Marriage: A legally recognized institution that carries social, cultural, and legal significance, especially in cultures like India, where marriage is considered sacred and crucial for social integration.

o??? Live-in: A modern arrangement that offers flexibility and freedom without the formalities and obligations tied to marriage.

·???????? Legal Status:

o??? In most jurisdictions, live-in relationships do not have official legal recognition, and there are no specific rights or legal protections associated with the relationship.

o??? The Supreme Court of India has recognized that living together in a relationship is part of an individual's fundamental right to life, as long as the relationship is consensual.

·???????? Reasons for Choosing Live-in Relationships:

o??? Compatibility Testing: Couples may cohabit to assess their compatibility before committing to a formal marriage.

o??? Alternative to Marriage: Some choose live-in relationships to avoid the traditional institution of marriage, either because they do not wish to marry or because they prefer the informal arrangement.

·???????? Social Acceptance:

o??? Cultural Variation: While live-in relationships are becoming more common globally, they still face scrutiny and disapproval in some cultures, particularly in traditional or conservative societies.

o??? In India, societal norms around marriage remain strong, and live-in relationships can still face significant stigma, although attitudes are slowly evolving.

Key Points:

·???????? Legal Recognition: Live-in relationships do not have official legal status in many regions, unlike marriage, which is regulated by law.

·???????? Cultural Shift: Live-in relationships challenge traditional norms, with increasing social acceptance in modern societies, though resistance still exists in certain cultures.

·???????? Personal Choice: Provides individuals the freedom to choose their relationship dynamics without the formal commitment of marriage.

Concept of Marriage and Live-in Relationship

Marriage in India:

·???????? Sacred Institution: In India, marriage is traditionally viewed as a sacred bond, integral to social and cultural norms.

·???????? Commitment: Marriage involves the coupling of two individuals with differing desires, interests, and needs, forming a unique association governed by social rules and laws.

·???????? Evolution: Over time, marriage has evolved to include both personal and legal aspects, reflecting societal changes and individual development.

·???????? Legal Implications: Marriage carries civil rights, legal obligations, and duties regarding succession, inheritance, and other concerns, making it a legal institution with significant responsibilities.

·???????? Fundamental Civil Right: After a formal ceremony, marriage is recognized as a fundamental civil right, with legal consequences for the couple, including rights related to property and family matters.

Live-in Relationship:

·???????? Definition: A live-in relationship is a voluntary arrangement where two adults agree to live together for a long-term relationship, which resembles marriage but without the legal commitment.

·???????? Alternative to Marriage: As societal norms evolve, more people are opting for live-in relationships as an alternative to marriage, desiring long-term companionship without formal commitment.

·???????? Cultural Context: While live-in relationships are becoming more accepted globally, they are still not widely accepted in Indian society, where marriage is deeply embedded in cultural and social traditions.

·???????? Nature of the Relationship:

o??? Informal and Flexible: Live-in relationships are more casual compared to marriage, with no legal obligations or strings attached.

o??? Cohabitation: In essence, it is an arrangement where unmarried couples live together to maintain a long-term relationship, which may eventually lead to marriage.

·???????? “Walk-in, Walk-out” Relationship: Unlike marriage, a live-in relationship offers greater flexibility, allowing individuals to exit the relationship without legal consequences.

·???????? Social Evolution: The rise of live-in relationships is seen as a reflection of societal progress and changes in attitudes toward commitment, reflecting the growing diversity of personal choices in relationships.

Key Points:

·???????? Marriage: A legally binding institution with cultural, social, and legal implications, regarded as sacred in Indian society.

·???????? Live-in Relationship: A more flexible, informal alternative to marriage, offering freedom without legal commitments, increasingly being explored by those seeking long-term relationships outside the traditional marriage framework.

·???????? Social Acceptance: While live-in relationships are gaining acceptance in many parts of the world, they remain less socially accepted in India, where marriage continues to hold significant cultural importance.

Whether Live-in Relationships Violate Societal Norms & Destroy Social Structure in India?

India, a country with a rich cultural history and diverse societal norms, is witnessing a gradual shift in attitudes towards modern relationship structures, including live-in relationships. While more individuals are embracing premarital cohabitation and live-in relationships, the transition faces significant resistance due to the deep-rooted belief in marriage as a sacred institution.

Cultural and Societal Norms:

·???????? Marriage as a Sacred Institution: In Indian society, marriage has traditionally been viewed as a sacred and fundamental societal institution. It is not just a union between two individuals but also a formal bond between families, often governed by social, cultural, and religious expectations.

·???????? Resistance to Change: Despite the modernization of thought and lifestyles, live-in relationships challenge this traditional notion of marriage. Many view live-in relationships as a deviation from the long-established norm of marriage and family life, making it difficult for conventional society to fully accept or normalize this shift.

·???????? Perceptions of Morality: In India, marriage is not only a legal contract but also an emotional and moral commitment, often associated with societal duty and responsibility. Live-in relationships are viewed by many as lacking this sense of commitment and responsibility, leading to societal criticism.

Reasons for the Rise of Live-in Relationships:

·???????? Compatibility Test: Many individuals choose live-in relationships to evaluate compatibility with their partner before committing to the legal and societal obligations of marriage. It provides an opportunity to assess long-term compatibility without the formalities of marriage.

·???????? Avoiding Legal Complications: Live-in relationships offer a way to avoid the legal complications, family dramas, and lengthy court proceedings that may arise in a marriage, especially if the relationship ends in separation or divorce.

Legal Recognition of Live-in Relationships:

·???????? Supreme Court’s Recognition: The Indian Supreme Court has recognized live-in relationships as legitimate, providing legal protection under the Domestic Violence Act. This legal acknowledgment grants partners certain rights, such as protection from abuse, and challenges traditional social norms regarding relationships.

·???????? Legal Protections: While such legal recognition allows individuals in live-in relationships to claim certain rights, it also invites criticism from traditionalists who believe this undermines the sanctity of marriage and threatens the existing social fabric.

Impact on Social Structure:

·???????? Criticism:

o??? Critics argue that live-in relationships pose a threat to the institution of marriage, which has been the cornerstone of family structure in Indian society. They believe that by bypassing marriage, live-in relationships weaken family ties, leading to a breakdown of traditional social structures.

o??? Some also argue that live-in relationships may contribute to an increase in unstable family dynamics, particularly when children are involved, as such relationships often lack the legal and social frameworks that marriage offers.

·???????? Support:

o??? On the other hand, proponents argue that live-in relationships offer individuals greater autonomy to choose their partners based on personal compatibility rather than societal pressure. This provides individuals with the freedom to explore relationships without the constraints of traditional expectations.

o??? They believe that live-in relationships promote personal freedom, encourage more thoughtful decision-making, and can lead to healthier, more sustainable partnerships as individuals are encouraged to work through their differences without rushing into marriage.

Conclusion: While live-in relationships challenge traditional societal norms in India, they also represent a shift towards individual autonomy and evolving relationship dynamics. Whether or not they destroy the social structure is a matter of perspective. On one hand, they can be seen as undermining established institutions like marriage, while on the other, they reflect societal progress towards greater freedom in personal choices. As Indian society continues to evolve, it is likely that the acceptance of live-in relationships will grow, though it may remain controversial in some quarters for the foreseeable future.

?Legal Status of Live-in Relationships in India

In India, the legal recognition of live-in relationships has evolved through various landmark judicial precedents. The courts have increasingly acknowledged the rights of individuals in live-in relationships, extending certain protections and benefits that were traditionally associated only with marriage.

Judicial Precedents and Recognition:

1.????? Badri Prasad vs. Dy. Director of Consolidation (1978):

o??? For the first time, the Supreme Court of India acknowledged the validity of live-in relationships. The Court held that if a man and a woman live together as husband and wife in a long-term relationship and even have children, the judiciary would presume that they are legally married, and the same laws applicable to marriage would also apply to their relationship.

2.????? Kamini Devi v. State of Uttar Pradesh (2006):

o??? In this case, the Allahabad High Court granted protection to a couple living together, ruling that an arrangement between two consenting adults was not an offence. The court further emphasized that no one, including the couple’s parents, had the right to interfere with their peaceful cohabitation. The Court stated that such interference would violate their fundamental right to life under Article 21 of the Indian Constitution.

3.????? S. Khushboo v. Kanniammal (2010):

o??? The Supreme Court in this landmark case clarified that live-in relationships come within the ambit of the right to life under Article 21 of the Constitution of India. The Court held that living together is permissible under the law, and the act of two adults cohabiting cannot be considered illegal or unlawful, provided it is consensual and between adults.

4.????? Chanmuniya v. Chanmuniya Kumar Singh Kushwaha (2011):

o??? In this case, the High Court ruled that a woman in a live-in relationship was not entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC), as it was believed that only legally married women were entitled to such benefits. However, the Supreme Court overturned the High Court's judgment and awarded maintenance to the woman, citing that provisions under Section 125 CrPC should be viewed in light of the Protection of Women from Domestic Violence Act (PWDVA), 2005. The Court held that women in live-in relationships are entitled to the same legal reliefs as women in legally married relationships.

Key Points from Judicial Trends:

·???????? Recognition under Article 21: Several judgments affirm that live-in relationships are within the purview of an individual's right to life under Article 21 of the Indian Constitution, particularly when the relationship is consensual and between adults.

·???????? Maintenance and Legal Protection: The Supreme Court has extended legal benefits such as maintenance to women in live-in relationships, equating their rights with those of legally wedded wives, especially in cases of domestic violence or abandonment.

·???????? Precedents on Cohabitation: Courts have increasingly recognized the social and personal autonomy of individuals in live-in relationships, ruling that such relationships do not necessarily undermine legal or social norms, provided they meet certain conditions of consent and mutual respect.

Conclusion: While live-in relationships were once socially stigmatized and legally unrecognized in India, the judiciary has gradually shifted to offer legal protection and recognition to individuals in such relationships. The courts have ruled in favor of individual rights, ensuring that live-in relationships, when consensual, are granted the same protections available to legally married couples in terms of maintenance, domestic violence, and cohabitation rights.

Judicial Pronouncements on Live-in Relationships

1.????? S. Vahini v. Union of India and Others:

o??? The Supreme Court held that choice-making is fundamental to liberty and dignity. It emphasized that Articles 19 and 21 of the Constitution guarantee an individual's right to make choices as an essential part of their dignity and freedom.

o??? The Court stated that once a right is recognized, it becomes the duty of both the state and the judiciary to enforce and protect that right.

2.????? Nandakumar and Others v. State of Kerala:

o??? The Court ruled that live-in relationships are now legally established and protected through the Protection of Women from Domestic Violence Act, 2005.

o??? In a writ petition, a father sought to prevent his 19-year-old daughter from living with an 18-year-old boy. The Court dismissed the petition, asserting that the girl had the right to live with her partner and even marry him once she reached the legal age of marriage.

3.????? Indra Sarma v. VKV Sarma:

o??? The Supreme Court held that a live-in relationship could not be regarded as a marriage if the person entering into it was already married. The Court pointed out that such a relationship does not meet the essential characteristics of marriage, such as maintenance, and it violates Sections 494 and 495 of the Indian Penal Code, which criminalize marrying while still legally married to someone else.

o??? Children born out of such a relationship are not considered legitimate, as the relationship is not in the nature of a marriage.

4.????? Kaminidevi v. State of UP:

o??? The Allahabad High Court ruled that if two adults, one male and one female, are living together with free will and consent, it is their fundamental right, and no one, including their parents, has the right to interfere.

o??? The Court reinforced that such relationships fall under the right to life and personal liberty, guaranteed by the Constitution. In cases involving minor girls, the Court stated that a live-in relationship is not acceptable to society and is against morality.

5.????? Ujjwal and Another v. State of Haryana:

o??? The Punjab and Haryana High Court refused to grant protection to a couple living together, arguing that doing so would upset the social structure of society. The Court declined to interfere in the matter, citing concerns over societal norms.

6.????? Soniya and Another v. State of Haryana:

o??? In contrast, the Punjab and Haryana High Court in this case granted protection to a couple living together, observing that while living together outside of marriage may not be acceptable to everyone, it cannot be deemed unlawful or criminal.

o??? The Court stated that it would be a "travesty of justice" to deny protection to individuals who chose to live together outside the traditional institution of marriage.

Conclusion: The legal status of live-in relationships in India has evolved over time, with the judiciary increasingly recognizing the right of adults to choose their partners and live together without formal marriage. Despite societal resistance, courts have consistently upheld the fundamental right to live together under the right to life and personal liberty as guaranteed by the Constitution. However, challenges remain, particularly concerning relationships involving married individuals or minor partners, where the law continues to restrict such arrangements.

Legal Status of Children in Live-in Relationships

Under Hindu law, the legal status of children born in live-in relationships is a subject of considerable discussion. While children born into such relationships are considered legitimate, their inheritance rights differ based on the nature of the property involved and the duration of the relationship.

1.????? Legitimacy of Children:

o??? In the Tulsa v. Durghatiya case, the Supreme Court observed that children born out of a live-in relationship are considered legitimate if the parents share a genuine relationship and cohabit for a significant period. The Court emphasized that the sincerity of the parents' relationship is a key factor in determining the legitimacy of the child.

o??? The S.P.S. Balasubramanyam v. Suruttayan case highlighted that, according to Section 114 of the Evidence Act, if a man and woman live together for an extended period, their relationship may be presumed to be in the nature of marriage, making the children born of that relationship legitimate.

o??? Additionally, the Court recognized that Article 39(f) of the Constitution directs policies aimed at ensuring that children develop in a healthy environment, with opportunities for a dignified life, free from exploitation. This underlines the constitutional commitment to the welfare and rights of children, including those born out of live-in relationships.

2.????? Property Rights of Children:

o??? In Vidyadhari v. Sukhrana Bai, the Court affirmed that children born out of live-in relationships are entitled to inheritance rights from their parents. The decision reinforced that the legitimacy of the child is linked to the relationship’s duration, with courts emphasizing that a long-term commitment between partners is a critical factor in determining inheritance rights.

o??? The Revanasiddappa Mallikarjun case further solidified that children born from live-in relationships are entitled to inherit property from their parents. The Court highlighted that the legal position of such children is similar to those born from a legally recognized marriage.

o??? In Bharatha Matha v. R. Vijaya Renganathan, the Supreme Court reiterated that a child born from a live-in relationship has the right to inherit the property of the parents, as long as the relationship meets certain conditions, such as a reasonable duration of cohabitation.

o??? Section 21 of the Hindu Adoption and Maintenance Act stipulates that children—whether legitimate or illegitimate—are entitled to maintenance from their father, or from the father’s estate if he is deceased, while still minors or if the daughter is unmarried. This provision extends to children born from live-in relationships, enabling them to challenge any denial of maintenance rights in court, as such denial goes against their fundamental rights.

3.????? Property Rights of Live-in Partners:

o??? Section 114 of the Evidence Act allows the Court to presume that partners in a live-in relationship who cohabit for a long period are legally married. The onus lies on the opposing party to disprove this presumption.

o??? In the case of Vidyadhari v. Sukhrana Bai, the Court ruled that long-term cohabiting partners are eligible to inherit each other’s property. However, the inheritance rights of the male partner’s live-in partner were restricted in a situation where the male partner was already married, as marriage laws do not permit bigamy. Despite this, the children born from the relationship were recognized as legitimate heirs.

o??? In Dhannulal v. Ganeshram, the Court held that if partners live together for a prolonged period as husband and wife, they are presumed to be legally married. In cases of inheritance disputes following the death of one partner, live-in partners may inherit the deceased partner’s property, but this is contingent upon the nature of their relationship and the legal recognition of their cohabitation.

4.????? Legal Prohibitions:

o??? Rajasthan High Court in Rashika Khandal v. State of Rajasthan clarified that a live-in relationship between a married person and someone who is unmarried is not legally permissible. The Court held that both partners in a live-in relationship must be unmarried for the relationship to be valid under the law.

o??? In Sanjay and Another v. State of Haryana, the Punjab and Haryana High Court granted protection to a couple in a live-in relationship, acknowledging that while society may not fully accept such relationships, they are not illegal. The Court emphasized the right of adults to choose their partners, recognizing that a live-in relationship is not prohibited by law.

o??? Similarly, in Pushpa Devi and Another v. State of Punjab, the Court granted protection to a couple living together, reaffirming that while such relationships may not always be socially accepted, they are not against the law.

o??? The Jammu & Kashmir High Court in Ridhima and Another v. UT of Jammu & Kashmir observed that the right to make personal choices, including the choice to live with a partner, is an essential part of an individual’s liberty and dignity.

Conclusions

?? The legal status of children born out of live-in relationships in India has evolved, with courts increasingly recognizing their legitimacy and property rights. While live-in relationships are not universally accepted by society, the judiciary has consistently upheld the rights of children born from these relationships, ensuring their entitlement to inheritance and maintenance. Furthermore, live-in partners who cohabit for extended periods may also be entitled to inherit each other's property, subject to the legal recognition of their relationship.

?? The Indian societal framework has traditionally treated live-in relationships as a debatable issue, and while courts have contributed to clarifying the legal status through various judgments, there is an urgent need for codification of rules and regulations specific to such relationships. Currently, there is no legislation or statute that directly governs matters related to succession, maintenance, or guardianship in the context of live-in relationships. The absence of specific laws leaves many aspects of live-in relationships open to judicial interpretation, often resulting in inconsistent rulings.

?? There is a need for specific legislation to address the rights of live-in partners and their children, providing legal clarity and protection. While not all live-in relationships should be granted legal status, those that fulfill basic criteria—such as a long-term commitment and mutual understanding—should be recognized. Awareness regarding the legal consequences of such arrangements is essential to ensure that individuals are informed about their rights and responsibilities.

?? In the context of modern lifestyles, many youths are increasingly choosing live-in relationships due to a reluctance to commit to traditional marriage. This shift is partly influenced by globalization, which has fostered broader acceptance of diverse lifestyles. However, such relationships demand a high level of responsibility and awareness of socio-legal implications. The judiciary in India has taken a nuanced and complex stance on live-in relationships, with differing opinions across various levels of the judicial system. While the Supreme Court has supported the legality of consensual live-in relationships, high court decisions have occasionally criticized them.

?? Given the absence of specific laws, Indian courts have relied on moral frameworks to interpret these relationships, yet this approach must be separated from the clear application of law. The responsibility of the judiciary is to uphold the rule of law, not to make moral judgments based on personal views. Article 21 of the Indian Constitution ensures the right to personal autonomy, including the right to make relationship choices free from state interference.

?? To protect live-in couples legally, the Indian judiciary should consistently apply the right to privacy and consider live-in relationships as domestic matters, where applicable, based on the characteristics outlined in landmark cases such as S. Khushboo v. Kanniammal & Anr. It may also be prudent to formalize cohabitation agreements that regulate patrimonial relationships and provide legal recognition to domestic partnerships.

?? While live-in relationships challenge traditional norms and remain disapproved by significant segments of Indian society, their increasing recognition in the judicial system signals a shift towards broader acceptance. The courts have played an essential role in protecting the rights of live-in partners, especially those who were previously unprotected by law. However, cultural approval still lags behind, and the lack of a specific legislative framework leaves significant gaps in legal protection. As societal attitudes evolve, the need for comprehensive legislation that governs live-in relationships becomes more pressing, ensuring that both individuals and children born from such relationships are afforded legal rights and protections.

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What is Same-Sex Marriage?

Same-sex marriage, also known as gay marriage, is the union between two individuals of the same biological sex and/or gender identity. It challenges traditional views of marriage while promoting inclusivity and equality for LGBTQ+ individuals.

Same-Sex Marriages: Key Aspects

1.????? Societal Norms

o??? Same-sex relationships confront deeply ingrained cultural and religious beliefs that traditionally define heterosexual marriages as the foundation of family and societal order.

o??? While LGBTQ+ acceptance is increasing globally, resistance persists, especially in conservative and religious communities.

2.????? Legal Developments

o??? India made a landmark decision in 2018 by decriminalizing homosexuality (Section 377), signaling progress for LGBTQ+ rights.

o??? However, same-sex marriages are not yet legally recognized, reflecting ongoing societal and legal hesitancy.

3.????? Impact on Social Structures

o??? Critics argue that same-sex marriages disrupt the traditional understanding of family and reproduction.

o??? Proponents emphasize their role in fostering inclusive societies and redefining family values based on love and mutual respect.

Impact of Same-Sex Marriage on Indian Social and Cultural Systems

1.????? Individual Impact

o??? Cultural and Religious Conflicts: Many individuals may struggle to accept same-sex marriages due to their cultural or religious upbringing.

o??? Legalizing same-sex marriage might intensify tensions between differing beliefs, potentially leading to societal division.

2.????? Family Impact

o??? Families unaccepting of LGBTQ+ relationships may experience conflicts or estrangement, potentially harming emotional well-being.

o??? In conservative settings, this could lead to a breakdown of family units, causing distress among members.

3.????? Community Impact

o??? Within conservative or religious communities, the legalization of same-sex marriage might cause social tensions, discrimination, or marginalization of LGBTQ+ individuals.

o??? These challenges could negatively affect mental health and quality of life for marginalized individuals.

4.????? Societal Impact

o??? Traditional family structures might undergo transformation, potentially leading to:

§? Lower birth rates.

§? Changes in cultural norms and values.

§? A shift in societal values toward inclusivity and equality.

5.????? National Impact

o??? Legalizing same-sex marriage could provoke backlash from conservative and religious groups, leading to:

§? Increased polarization and division within the nation.

§? Potential disruptions to national unity and cohesion, which might affect economic and social development.

Conclusion: Same-sex marriage represents a profound shift in societal norms and values, challenging deeply rooted traditions while promoting inclusivity. In India, where family and societal structures are strongly influenced by cultural and religious beliefs, the road to legalizing same-sex marriage is complex. Despite resistance, the growing discourse around equality, love, and human rights underscores its potential to redefine societal norms and foster a more inclusive society.

Same-Sex Marriage Leads to Erosion of Social and Cultural Values

Same-sex marriage has been a topic of heated debate worldwide, particularly in countries like India, where societal norms, family values, and religious beliefs are deeply entrenched. Below is an exploration of arguments against same-sex marriage based on its potential to erode social and cultural values.

Religious Beliefs

India’s religious diversity plays a crucial role in shaping its societal framework. Many religions in the country view marriage as a sacred bond exclusively between a man and a woman.

·???????? Conflict with Traditional Teachings: Religious leaders argue that same-sex marriage contradicts religious teachings, potentially leading to social unrest.

·???????? Division in Society: A clash between supporters and opponents of same-sex marriage could exacerbate societal divisions, undermining unity.

Impact on Traditional Family Structures

Family is the cornerstone of Indian society, providing emotional and financial stability.

·???????? Challenge to Traditional Norms: Marriage is traditionally seen as a union between a man and a woman, serving as the foundation for family and reproduction. Same-sex marriage challenges this notion, potentially disrupting traditional family setups.

·???????? Cultural Implications: The traditional family model, which upholds Indian culture, may weaken, affecting social harmony and order.

Impact on Children

The welfare of children is often cited as a key concern in the debate over same-sex marriage.

·???????? Psychological Well-Being: Critics argue that children raised by same-sex couples might face confusion or lack the emotional and social support available in traditional families.

·???????? Understanding of Gender Roles: Exposure to non-traditional family structures might affect children’s understanding of gender roles and hinder their personality development.

·???????? Experimental Risks: The National Commission for Protection of Child Rights (NCPCR) has raised concerns, asserting that placing children in same-sex families could be akin to subjecting them to social experiments, potentially harming their well-being.

Impact on Population Growth

Marriage in Indian society is often linked to procreation and the continuation of family lineage.

·???????? Decline in Birth Rates: Same-sex marriages lack the biological capacity for reproduction, potentially leading to a decline in population growth, with long-term societal implications.

Views of Sociologists and Legal Experts

Sociologists emphasize the importance of balancing individual rights with societal values.

·???????? Societal Equilibrium: Introducing same-sex marriage without comprehensive societal debate risks disrupting cultural ethos.

·???????? Legislative Ambiguity: Current laws, including the Hindu Marriage Act and the Special Marriage Act, explicitly define marriage as a union between a man and a woman. Redefining marriage could render these statutes unworkable and defeat their legislative intent.

·???????? Judicial Overreach: Critics argue that the judiciary alone cannot redefine marriage, as it is a social institution with significant public implications. Any policy change must involve Parliamentary debate and societal consensus.

Adoption by Same-Sex Couples: NCPCR’s Concerns

The National Commission for Protection of Child Rights (NCPCR) has voiced strong objections to adoption by same-sex couples.

·???????? Lack of Homely Atmosphere: The NCPCR argues that same-sex couples might not provide the emotional bonding and gender balance essential for a child’s development.

·???????? Increased Mental Health Risks: Studies cited by the NCPCR suggest that children raised by same-sex couples face higher probabilities of psychological issues.

·???????? Impact on Rights of Children: Children must not be used as subjects in social experiments. Their right to a secure upbringing in a traditional family setting must be prioritized.

Cultural and Social Implications

India’s social fabric is built on religious and community-oriented traditions.

·???????? Procreation and Religious Obligations: Marriage is often tied to religious duties, which include procreation to fulfill various rituals. Same-sex marriages, seen as promoting individualism, may challenge these traditions and threaten societal order.

·???????? Loss of Sanctity: Critics argue that legalizing same-sex marriage could erode the sanctity of marriage and weaken its role as a cornerstone of Indian culture.

Conclusion: While same-sex relationships have been decriminalized in India, the societal and cultural implications of legalizing same-sex marriage remain contentious. Critics highlight its potential to disrupt traditional family structures, challenge religious beliefs, and negatively impact children and societal cohesion. As a deeply community-oriented society, India must tread carefully, ensuring that any legal or social shift balances individual rights with the preservation of its cultural and social values.

Legal and Constitutional Implications of Same-Sex Marriage in India

The legalization of same-sex marriage presents significant legal and constitutional challenges within the Indian context. The Indian Constitution and existing legal frameworks have traditionally recognized marriage as a union between a man and a woman. Altering this foundational definition would necessitate substantial amendments to both statutory and constitutional provisions, which could ripple across India's social and cultural fabric.

Legal Framework and Constitutional Challenges

The Indian legal system, deeply rooted in British common law, does not currently recognize same-sex unions. Legalizing same-sex marriage would require extensive legislative changes to several marriage and family laws, including the Hindu Marriage Act, Special Marriage Act, and personal laws across religious communities. These changes could lead to a redefinition of foundational legal concepts such as "husband," "wife," and "procreation," potentially causing significant disruptions in how marital and family laws are interpreted and enforced.

Former Judges' Perspectives

A group of retired High Court judges has voiced strong opposition to the legalization of same-sex marriage, expressing concerns over its impact on India's societal and cultural values. In an open letter, they argued that introducing this "Western-tinted outlook" undermines India's unique civilizational heritage and family structure. The judges highlighted that marriage in India is not merely a contractual arrangement but a sacred institution with roots in religious and cultural traditions.

Key points from their statement include:

1.?????? Erosion of Cultural Roots: Legalizing same-sex marriage is viewed as an imposition of Western ideologies that threaten to weaken India's traditional family systems.

2.?????? Impact on Family Structures: They emphasize that the institution of marriage in India is centered around dharma (duty), procreation, and companionship, achievable only through the union of a biological man and woman.

3.?????? Lessons from Global Examples: Citing data from the U.S. Centers for Disease Control and Prevention, the judges pointed to public health concerns, such as the higher incidence of HIV/AIDS among gay and bisexual men, arguing this as a cautionary tale against altering India's marriage laws.

Impact on Social Institutions

Marriage and family systems in India are deeply intertwined with social stability and the upbringing of children. Critics of same-sex marriage argue that such a shift would disrupt these institutions, potentially affecting children's mental and emotional development. They contend that a same-sex family environment, though legalized, may not align with the natural and cultural norms traditionally associated with raising children in India.

Broader Cultural Implications

Opponents argue that legalizing same-sex marriage would mark a fundamental departure from India’s time-tested social institutions. They believe that marriage and family are pivotal in providing societal security, emotional support, and moral guidance, roles they fear may be diluted by redefining marriage.

Conclusion: The debate over same-sex marriage in India is not merely about individual rights but also involves deeply entrenched cultural, legal, and societal dimensions. Proponents of traditional marriage argue that any change must be carefully deliberated through democratic processes, ensuring that the social and cultural ethos of the nation is preserved. As this issue evolves, it will require a nuanced and inclusive dialogue that respects both individual freedoms and the collective values of Indian society.

Government’s View on Same-Sex Marriage in India

The Government of India has expressed its opposition to legalizing same-sex marriage, citing cultural, social, and legal considerations. In its affidavit submitted to the Supreme Court, the Centre emphasized the sanctity and traditional definition of marriage in India as a union between a biological man and woman. The government’s position invokes the “accepted view” of marriage as a “holistic union, a sacrament, and a Sanskar,” deeply rooted in Indian customs and societal ethos.

The Union Government argued that judicial intervention to recognize same-sex marriage could disrupt the “delicate balance of personal laws” and undermine the cultural and societal fabric of the country. It highlighted that while the Supreme Court’s 2018 judgment decriminalized consensual same-sex relationships, it did not confer any fundamental right to same-sex marriage under the Constitution.

Key Arguments by the Government:

1.????? Cultural and Societal Values:

o??? Marriage in India is intrinsically tied to customs, rituals, and societal norms.

o??? The institution of marriage is considered foundational to the continuance of the state and societal structure.

2.????? Statutory Framework:

o??? The existing legal framework, including the Hindu Marriage Act and other personal laws, recognizes marriage exclusively between a man and a woman.

o??? Statutory recognition of marriage as a heterosexual union is based on age-old traditions and societal morality.

3.????? Legislative Authority:

o??? The government asserts that the issue of same-sex marriage is a matter of legislative policy and not within the purview of judicial determination.

o??? Decisions regarding legal recognition of same-sex marriages should be made by the Parliament following wide-ranging consultations.

4.????? Impact on Family Structure:

o??? The government emphasized the importance of the traditional family unit, consisting of a husband, wife, and children, as the “quintessential building block” of Indian society.

o??? It argued that same-sex relationships, while not unlawful, are distinct from heterosexual relationships and cannot be equated with the traditional family structure.

5.????? Article 14 and Article 21:

o??? The Centre stated that same-sex relationships and heterosexual relationships form distinct classes and cannot be treated identically under Article 14.

o??? The right to life and liberty under Article 21 does not implicitly include the right to same-sex marriage, which remains subject to legislative judgment.

Supreme Court’s Consideration:

A five-judge Constitution bench led by Chief Justice of India DY Chandrachud clarified that it would not delve into issues of personal laws but focus on whether the Special Marriage Act (SMA), 1954, could be interpreted to include same-sex unions. The bench indicated its intent to consider if terms like “man” and “woman” in the SMA could be replaced with “person” to recognize civil unions.

The court’s scope of examination remains limited to the SMA and does not extend to codified personal laws. This approach aligns with the court’s reluctance to interfere with matters deeply rooted in religious and cultural practices.

Views of the Bar Council of India:

The Bar Council of India (BCI) has urged the Supreme Court to leave the matter of same-sex marriage to the legislature. It argued that the issue is highly sensitive and complex, requiring a nuanced approach that accounts for social, cultural, and religious factors. The BCI expressed concerns that judicial intervention could destabilize India’s social structure and lead to significant conflicts.

State Governments and Political Views:

The Uttar Pradesh government, in a separate affidavit, opposed same-sex marriage, arguing it is against Indian culture, traditions, and values. Similarly, Union Minister Nitin Gadkari stated that same-sex marriage and live-in relationships are against societal norms and could lead to the collapse of the social structure. He emphasized the traditional role of marriage in fostering balanced societal development and the upbringing of children.

Conclusions: The debate over same-sex marriage in India is complex and multifaceted, it could erode India’s social and cultural systems. The impact of same-sex marriage on Indian society’s social and cultural systems could be far-reaching, and it is important to carefully consider all the implications before deciding. Ultimately, any decision regarding same-sex marriage in India should be made after careful consideration of its impact on Indian society’s social and cultural systems. The legalization of same-sex marriage in India could have significant implications for Indian society’s social and cultural systems. It could challenge the traditional family structures and religious beliefs that have formed the basis of Indian culture for centuries. It could also have an impact on population growth, as marriage is viewed as a means of procreation and carrying on the family lineage. Of late, there is a movement towards disturbing the most fundamental element of our families — marriage. Through a flurry of judicial pleas, many are seeking to sanctify same-sex marriage under the garb of equality and freedom. This needs to be addressed head-on and urgently, not by the judiciary but by the legislature. Marriage is one of the universal social institutions established by the human society to control and regulate the life of man. It is a cornerstone of a society. It is in the family that children learn to become citizens; it is in the family that children learn about relationships; it is in the family that children learn about what is expected of them in society, how to act and how to be. Central to the nuclear family is the traditional idea of marriage, consisting of one man and one woman in a monogamous and permanent relationship. We need to promote and protect marriage to secure a healthier society. Marriage has legitimate recognition to get united. Society accepts union of two souls because primary object of marriage is to beget and bear offspring, and to them until they are able to take care of themselves.

Potential Conflicts Arising from the Acceptance of Same-Sex Marriage in India

If same-sex marriage were to be accepted in India, various conflicts could arise across different domains, reflecting the diverse and complex societal fabric of the country. These include:

1.?????? Social Conflicts India’s social landscape is characterized by diverse norms and values. The acceptance of same-sex marriage may not be uniformly embraced across communities, leading to potential social conflicts. This could manifest in protests, demonstrations, or even violence in regions where resistance is stronger.

2.?????? Cultural Conflicts Traditional cultural values in many parts of India view marriage as a union between a man and a woman. The recognition of same-sex marriages could ignite tensions between those advocating for cultural preservation and those pushing for progressive change.

3.?????? Economic Conflicts legalizing same-sex marriage could have significant economic implications. Issues such as insurance benefits, inheritance rights, and taxation policies may spark disagreements. Additionally, the tourism industry could face shifts, with some travellers potentially avoiding destinations that support same-sex unions.

4.?????? Ethical Conflicts For some religious and moral groups, same-sex marriage is viewed as unethical. Policymakers may face challenges in balancing the rights of individuals to marry with the ethical and moral concerns of those opposing it.

5.?????? Individual Conflicts On a personal level, acceptance of same-sex marriage could lead to familial and social tensions. Families might struggle to accept same-sex partners, causing emotional and relational strife. Additionally, individuals in same-sex relationships may face discrimination, stigmatization, or violence based on their sexual orientation.

6.?????? Conflicts with Social Norms Certain social groups may perceive same-sex marriage as a threat to traditional family structures. In regions where same-sex relationships are poorly understood or accepted, this could result in heightened social tensions and community-level conflicts.

7.?????? Value Conflicts Same-sex marriage challenges traditional values and beliefs, particularly in communities where marriage is regarded as a sacred bond exclusively between a man and a woman. This divergence could create rifts between proponents of preserving traditional values and advocates for equal rights for the LGBTQ+ community.

Broader Perspective

1.????? Cultural Evolution:

o??? Societies evolve, and norms adapt to changing values. The rise of live-in relationships and advocacy for same-sex marriages reflect shifts towards individual rights and equality.

o??? Resistance often stems from a fear of losing traditional identities rather than objective harm to societal structures.

2.????? Global Comparisons:

o??? Many countries have embraced same-sex marriages and alternative family structures without significant damage to societal cohesion.

3.????? India's Path Forward:

o??? While traditionalists view these changes as disruptive, others see them as progress toward a more inclusive and equitable society.

o??? The key lies in balancing tradition with modernity, fostering dialogue, and ensuring that individual freedoms coexist with cultural harmony.

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