SC Extends Domestic Cruelty Protection to Live-in Relationship

Context

Supreme Court has held that women who are in a “live-in” relationship with a man with the intention to marry can claim protection from domestic violence under criminal law, thereby enhancing women’s legal rights.

Key Highlights

• The Supreme Court of India, in a progressive judgment, has ruled that if the relationship between a man and a woman has been established with a marriage in mind, then they can seek protection under criminal law against domestic violence. 
• The decision expands the definition of who is covered by the law, and makes it more reflective of changing social norms.

What is the Supreme Court’s ruling?

• The Supreme Court held that criminal protection against domestic cruelty also applies to women in live-in relationships.
• The benefit will be available if the couple was in the process of first being engaged to be married.
• The judgment broadens the scope of Section 498A of the Indian Penal Code (IPC) which is now equivalent to Section 85 of the Bharatiya Nyaya Sanhita (BNS).
• The Court stressed that the protection of women is not even denied because a formal marriage had not been conducted.

Background of the Case

• The accused contended that he was already married and thus his relationship with the complainant was not legally valid.
• He filed a case against the criminal proceedings instituted under Section 498A IPC.
• The Karnataka High Court disagreed with this argument.
• The Supreme Court reaffirmed the general rule that an unlawful marriage can be no defence to the prosecution.

Importance of the Verdict

• Strengthens the legal protection of women

  • Recognises changing family structures.
  • Defends women who are being abused in a long-term live-in relationship.
  • Resists an abusive partner using legal tactics.

• Promotes substantive equality

  • Implements Article 14 (Right to Equality) by providing equal protection from domestic cruelty.
  • Understands that violence has a gender impact and does not discriminate based on marriage.

• Adopts purposive interpretation

  • The Court was guided by the spirit of the law, and not its literal meaning.
  • Criminal law is not designed to control marriage, but to stop cruelties.

• Strengthens constitutional morality

  • Promotes dignity, justice and gender equality.
  • Adjusts interpretation of the law to the evolving social norms.

Why was the Domestic Violence Act considered insufficient?

• The Court distinguished the two systems of law.
• Protection of Women from Domestic Violence Act, 2005
  • Mainly provides civil remedies.
  • Offers:
    • Protection orders
    • Residence rights
    • Maintenance
    • Compensation
• Section 85 BNS (Earlier Section 498A IPC)
  • Creates criminal liability.
  • Uses punishment as a deterrent.
  • Offers increased safeguards against mistreatment.
• The Court stated that the civil remedy cannot supplant the criminal liability.

What does ‘intent to marry’ mean?

• The Court noted that there were no prerequisites for its criminal protection and that not all live-in relationships were eligible for this protection.
• The relationship should demonstrate:
  • Shared domestic life
  • Financial interdependence
  • Long-term cohabitation
  • Social recognition like with spouse
  • A common interest in marriage in the future.
• First, the woman has to make this determination prior to requesting protection in court.

Constitutional & Legal Significance

• Article 14 – Equality before law
• Article 21 guarantees a person the right to ‘life’ and ‘dignity’.
• Gender justice
• Constitutional morality
• Interpretation of statutes in a purposeful manner.
• Security of particularly vulnerable women.

Challenges Ahead

• It is subjective and hard to prove that someone intended to get married.
• Failure to prove false or exaggerated claims.
• Need for clear judicial guidelines.
• Finding the balance between protecting women and protecting against their use.
• The standard of evidence could differ from case to case.

Way Forward

• Set forth clear judicial standards of ‘intent to marry’.
• Implementing this in a uniform manner, following the Bharatiya Nyaya Sanhita.
• Increase knowledge of legal rights in live-in relationships.
• Enhance processes for investigation and judicial treatment, focused on gender sensitivity.
• Support legal changes without abuse that take account of evolving family norms.

Source: The Indian Express

Mains PYQ

Q. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

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