The Significance of Law in Contemporary Society:
Law is the foundation of order, fairness, and civilization.It regulates behavior, protects fundamental rights, ensures social fairness, and provides remedies for infractions.Through social adaptation, law helps reconcile tradition and modernity in a rapidly changing society. In protecting women in domestic settings, respecting diverse family arrangements, and managing developing relationships, the law is the most effective tool for reconciling freedom with accountability.Law knowledge empowers citizens and promotes a more informed and equitable democracy.
Preface
Marriage has traditionally underpinned Indian families. Cohabitation between unmarried partners has become a popular form of companionship, defying legal, social, and cultural norms.Although courts have recognised their legitimacy in some cases, the lack of a complete statutory framework fosters legal ambiguity in some areas but not others.
Constitutional Basis and Judicial Acknowledgment:
The Supreme Court of India has repeatedly affirmed adult consensual live-in relationships as legal and constitutional. In Lata Singh v. State of Uttar Pradesh (2006), the Court ruled that an adult woman might “cohabit with anyone she chooses” under Article 21. In S. Khushboo v. Kanniammal (2010), the Supreme Court clearly said that societal morality cannot trump individual autonomy. Premarital sex and cohabitation may be unethical, but they are not illegal.
Judicial Assessments and Acknowledgment under Domestic Violence Statutes
In India, there is no statute governing live-in couples, but judicial interpretation has expanded legal rules. The landmark decision Indra Sarma v. V. K. V. Sarma (2013) defined whether a live-in relationship constitutes a “relationship in the nature of marriage” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005. Important aspects include:
- Knowledge of one partner’s marriage (affecting good faith),
- Cohabitation length,
- Economic interconnectivity.
- Representation as partners in public.
- Social Stigma versus Legal Protections
Despite the progressive judiciary, society remains conservative.Living together is considered wicked, leading to social exclusion, housing issues, and family and community hostility. Despite legal acknowledgment, such children often face prejudice.
Organizations like Love Commandos demonstrate the pressures live-in couples face, especially those with inter-caste, inter-religious, or LGBTQ relationships.High Court verdicts emphasize that fundamental rights include the freedom to choose a partner regardless of faith and that government actions that separate consenting individuals violate constitutional norms.
Current Disputes and New Legislation
The Uniform Civil Code (UCC) enacted by Uttarakhand in early 2024 requires unmarried cohabiting couples to register their relationship, raising concerns about government overreach into personal affairs and morality, especially since non-registration could result in criminal penalties. Critics say such rules violate privacy and autonomy, violating constitutional protections of private spaces.
Students at the Indian Institute of Legal Studies Cooch Behar learn about legal education and critically discuss current issues like live-in relationships, digital privacy, gender justice, and constitutional rights. A lively faculty, creative educational methodologies, and moot court experiences at the which foster a practical and research-oriented legal attitude.
The Indian Institute of Legal Studies Cooch Behar prepares future attorneys, judges, and politicians to interpret and impact the law in modern society via academic rigor and socially relevant legal terminology.Family Law, Constitutional Law, Gender Studies, and Human Rights courses address traditional and contemporary legal frameworks.The Indian Institute of Legal Studies Cooch Behar develops legal thought leaders and change-makers for careers in litigation, judicial services, academia, and policymaking.
Conclusion
India must adjust its law to changing links and identities in the 21st century.Legal discussions around live-in couples are becoming more common.To protect the rights of partners, especially women and children, a complete legislative framework is needed notwithstanding the judiciary’s progressive foundation.Without a sound statutory framework, protection and legal clarity suffer.
Through critical analysis of modern legal concerns, students and academics can advance legal reform and social justice. Institutes like the Indian Institute of Legal Studies Cooch Behar promote intellectual and ethical legal activity.
