Love without labels, laws without clarity: Women in India's grey zone
Ms. Trisha Shreyashi is a lawyer and columnist. She is a member of the Advisory Council of Harvard Business Review and the Academic Panel of the Cambridge University Press. Trisha has a ringside view of business, policies, law and the untold spaces in between. LESS ... MORE
(Women navigating the new era relationships find themselves in a perilous grey zone, where societal stigma meets ambiguous medieval laws, offering little protection against exploitation or abuse. As the country strides into modernity, its outdated legal labyrinth fails to keep pace, leaving women vulnerable in casual and non-traditional relationships. Bridging this gap is not just about fairness—it's about evolving India's justice system to honour the complexities of love, identity, and freedom in an increasingly progressive society.)
Modern relationships in India have evolved significantly in recent years, driven by changing societal norms, urbanization, and increasing exposure to global cultures. Younger generations, especially in urban areas, are increasingly embracing casual relationships, live-in arrangements, and other non-traditional partnerships as reflections of their autonomy and changing attitudes toward intimacy. However, India's legal framework, deeply rooted in traditional notions of marriage, struggles to address the complexities of these modern relationships. This creates a precarious situation for women, as the existing laws offer limited and ambiguous protections, leaving them vulnerable in various ways.
Casual and non-traditional relationships symbolize a shift towards individual freedom, fueled by education, global media influence, and access to digital platforms such as dating apps. While these arrangements are celebrated for their flexibility and freedom, they often face societal stigma, particularly in conservative parts of the country. More significantly, these relationships lack the legal recognition and rights that traditional marriages confer, leaving participants—especially women—without reliable recourse in cases of disputes, abuse, or exploitation.
It's complicated': Women, relationships, and the Indian legal circus
Several legal provisions in India offer some degree of protection for women in non-traditional relationships, though their application is often limited. For instance, the Protection of Women from Domestic Violence Act, 2005 (PWDVA), extends certain rights to women in relationships 'in the nature of marriage.' These include the right to reside in a shared household, protection orders against abusive behaviour, and claims for monetary relief. However, purely casual relationships are generally excluded from such protections unless they resemble marriage closely. Similarly, laws addressing breaches of promises to marry, such as those under Sections 417, 420, and 376 of the Indian Penal Code (IPC), provide some recourse but are often contingent on the relationship's context. Women can also seek custody and maintenance for children born from such relationships, as governed by laws like the Guardians and Wards Act, 1890, and the Hindu Succession Act, 1956.
Despite these provisions, several loopholes in the legal framework persist, exposing significant vulnerabilities. One major issue is the ambiguity in defining relationships 'in the nature of marriage,' which leads to inconsistent interpretations by courts. Moreover, women in casual or live-in relationships lack property rights or adequate avenues for claiming maintenance. In cases involving children, proving paternity can become contentious, complicating custody and inheritance disputes. Cyber and privacy concerns also loom large, as laws addressing online harassment are often slow to enforce, exacerbating the harm caused by the misuse of intimate content. Additionally, non-physical harm, such as emotional abuse like cheating, dishonesty, adultery, abandonment and destitution, remains inadequately addressed under existing laws.
India can draw inspiration from nations like Australia, New-Zealand, Canada, Sweden and South Africa where de-facto relationships, common law partnerships and cohabitation are conferred legal recognition and some relative degree of protection.
Cohabitation and confusion: Modern relationships meet old-school laws
The existing legal framework also reflects biases stemming from traditional mindsets, both within law enforcement and the judiciary. These biases discourage women from pursuing justice, particularly in cases involving non-traditional relationships like live-in relationships or long term relationships. It needs no iteration how such events irrationally affect a woman's social and financial standing and eventually her mental health. Furthermore, LGBTQ+ relationships receive minimal recognition under the current laws, leaving women in same-sex partnerships with limited legal recourse for addressing abuse or exploitation.
To address these gaps, the legal system must evolve to keep pace with societal changes. Clarifying definitions, such as relationships 'in the nature of marriage,' would help establish consistent legal standards. Cyber protections should be strengthened with expedited procedures and stricter penalties for revenge actions. Emotional and psychological abuse should also be explicitly addressed in laws governing relationships. Protections must be extended to LGBTQ+ relationships and purely casual partnerships, acknowledging the diversity of modern relationships. Awareness campaigns and accessible legal aid services can empower women to seek justice, while judicial and law enforcement sensitization can promote fairness in handling such cases.
From casual dates to court dates, it has become a menace for women to navigate the Indian legal labyrinth which is why men can just walk over women, labelling it as 'no labels'.
Modern relationships in India symbolize a shift toward greater individuality, yet the legal framework remains largely unprepared to support these changes. By addressing the loopholes in existing laws and fostering a more inclusive and adaptive legal system, India can ensure fairness and security for women in all types of relationships. As the nation continues to modernize, its legal institutions must evolve to reflect the realities of contemporary partnerships.
(Trisha Shreyashi is a lawyer and columnist. She is also a member of the Academic Panel, Cambridge University Press.)
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