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These Rights Unmarried Couples In India Should Know To Avoid Harassment

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Living as unmarried couples in India is not easy as in western countries. Even it is legalized in India the couples cannot live as in western countries. Here we list out some of the rights that unmarried couples should know to enjoy the life of a live-in relationship in India. The rights are to be known to get rid of problems, not to take advantage to involve in an illegal act.

 

1. Rights To Check-In Hotel Together

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There is no restriction for couples to check-in to the hotel together if they are above 18 years of age with valid identity proof. Likewise, there is no law that prevents unmarried couples from staying together in a hotel.

In 2019, the Coimbatore district administration sealed an apartment after finding an unmarried couple staying in the apartment. In this case, the Madras High Court clarifies that no laws or regulations say that unmarried couples stay in hotel rooms as guests are welcomed. At the same time, it is not considered an offense to be in a live-in relationship, supporting that the staying of unmarried couples in the hotel will not be a criminal offense.

 

2. Couples From Same City Can Stay In A Hotel Room

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No laws are imposed in India that stop hotels from allowing unmarried guests of the same city where the hotel location belongs to. But the hotel managers can avoid this to prevent unwanted problems or crimes.

 

3. Rent A House In India

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There is no law imposed to prohibit unmarried couples from renting a house in India. However, it is necessary to make a rental agreement in the name of both a male and a female while renting a house.

 

4. Police Have No Authority To Arrest Couples

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Police have no authority to Arrest couples who are permitted to stay in a hotel room with a valid ID and above 18 years old.

 

5. No Restriction To Sit In A Public Place

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A law under section IPC 294 states that the victims can be punished by three months imprisonment if they are involved in any “obscene act” in public places. However, cops are misusing this law. The couples are allowed to go for a casual walk or to sit on the beach. The police cannot arrest the couples on the act of obscenity. There is no constitution or law to restrict unmarried couples from these activities.

 

6. Police Has No Right To Harass Unmarried Couples

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Sexual autonomy is an integral part of article 21 of the Indian constitution, which grants us the right to privacy. The Supreme Court has also supported by reiterating this by giving judgments in the cases such as the 2017 Puttaswamy case and the 2018 Navtej Johar case. The police have no right to arrest unmarried couples for engaging in consensual sex in private places.

 

7. Kids Born Out Of A Live-In Relationship Are Legitimate

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In S.P.S Balasubramanyam vs. Suruttayan case, the Supreme Court said in the judgment that if a man and a woman are living under the same roof and live-in relationship for some years, there will be law under section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate. The supreme court has decided that children born out of a live-in relationship are legitimate.

 

8. Right For Partners To Get Protection From Offensive Relationships

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The protection of women from Domestic Violence Act, 2005 informs that there is the right for partners in a live-in relationship to get protection from offensive relationships.

These are the rules and rights every unmarried couple should know. Were you aware of these rights? Let us know in the comments below.

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Anushka Jain
the authorAnushka Jain