Law takes the liberal side

“We cannot close our eyes to the fact that live-in relationship has become rampant in our society and such living partners cannot be separated by the issue of a writ of habeas corpus provided they are major. The Constitutional Court is bound to respect the unfettered right of a major to have live-in relationship even though the same may not be palatable to the orthodox sections of society” the observation of the Kerala High court which recently upheld the live in relationship of teens in Kerala reflects the change sweeping over society.

The court’s contention that habeas corpus cannot be used to separate live-in couples who have attained the age of majority is in stark contrast to a similar case just a year ago, where the habeas corpus petition filed by KM Ashokan that his daughter Akhila who had converted to Islam and assumed the name Hadiya was incapable of making a decision regarding religious faith and was illegally detained, was upheld.

“The Hadiya case involved marriage and conversion for the purpose of marriage, which was the bone of contention. In the present case it was quite clear that both majors had decided to live together with no intention of marriage as of now. The court ruling was based on the fact that the woman was living with her lover out of her own volition and she was a major who had a choice to even live” outside wedlock” as live- in relationships have been statutorily recognised under the Protection of Women from Domestic Violence Act, 2005” says SK Qasim, an advocate who says the court acted as per the merits of the case.

With earlier rulings by the Supreme Court that live in relationship is not a crime, the stigma around such relationships is long gone says High Court lawyer Vatsalendra. She says the order is in tandem with a reality that parents find difficult to accept. ‘We see live-in relationships become all pervasive in different cities. In places like Goa 80 percent of the youngsters are in live-in relationships. Today’s generation has a different take on compatibility and relationships and although it is hard on the parents; acceptance is the only solution.”

Live-in relationships glamourised by Bollywood films are attractive to the youth while they are still viewed with suspicion by the older generation who see this as a fad and an infamous product of Western culture. Urban India is witnessing a steady rise in such relationships with financial independence and work cultures ushering in new moral values. Many youngsters from rural pockets moving into big cities for education are also drawn into these no-strings attached relationships which have lost their shock element.

The latest judgement by the Kerala High Court is then based on a realistic assessment of the social milieu where many young adults are seeing co-habitation without the pressures that marriage and extended family bring as an attractive alternative and a desirable choice. Informed choices or calculated risks, decisions made by young adults have to be accepted for what they are.