Rights of Unmarried couple in India

People are shielded from the law by their legal and constitutional rights. In India, displays of affection can result in violence, and couples frequently have to deal with harassment for the sake of "protecting dignity." Unmarried couples are shielded from harassment and violence by their legal privileges. Unmarried couples should actively monitor their rights to safeguard themselves from abuse or harassment.

People who see themselves as enforcers of PDA have taken it upon themselves to beat and harass anyone they believe to be obscene. The public should be aware of the legal rights of unmarried couples to protect themselves. Here is all the information you need regarding the rights of unmarried couples in India.

Rights of unmarried couples in infographic form

Unmarried couples may check in to a hotel together unless they are over 18 with a valid form of identification.

Unmarried couples are not prohibited by law from lodging together or checking into a hotel. Even reputable hotel booking websites have a special category of hotels that are couple friendly.

“Apparently, there are no laws or regulations forbearing unmarried persons of opposite sex from occupying hotel rooms as guests. While live-in relationship of two adults is not deemed to be an offence terming the occupation of hotel room by an unmarried couple will not attract a criminal offence.” 

Couples living in the same city but are not married can book a hotel room.

In India, it is legal for hotels to accept unmarried visitors from the same city as the hotel's location. But here, hotel managers are free to use their discretion. They might ask a variety of questions, and management has the final say.

An unmarried couple is permitted to rent a house in India by law.

You should be aware that while renting a residence, you must create a rent agreement in the names of both parties. The property owner might refuse to rent the residence, which is against the law.

Unmarried Couple with Valid IDs Is Not Susceptible To Arrest.

Occasionally, we would hear headlines about couples being arrested, but there could be any number of other reasons for those arrests. Consenting couples over 18 who have valid identification are not subject to arrest.

Unmarried couples can sit together in public without violating the Indian Constitution or other laws.

Police frequently abuse this rule, which specifies that any "obscene act" in public areas will result in a three-month sentence under section 294 of the IPC. Therefore, you cannot be detained by the police for using obscenity if you are walking with your companion or relaxing on the beach.

The police cannot harass unmarried couples for having private, consensual sex.

Article 21 of the Indian Constitution gives us the right to privacy, and this article explicitly mentions sexual autonomy. The Supreme Court has also reaffirmed this in its rulings from 2017's Puttaswamy case and 2018's Navtej Johar case.

The Supreme Court has ruled that children born in live-in where the couple is living together for a significant time are legit.

The Supreme Court stated in its decision in the case of S.P.S. Balasubramanyam v. Suruttayan: 

“If a man and woman are living under the same roof and cohabiting for some years, there will be a presumption 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 Protection of Women from Domestic Violence Act of 2005 recognizes live-in partners for voilence protection.

The failure to recognize that unmarried couples are mature enough to make their own decisions and also have certain rights that most of us are unaware of is equivalent to refusing to provide them privacy.

About The Author: 

Adv.Nachiket Joshi, a second-generation advocate, brings three years of dedicated experience to his practice before the High Court of Karnataka and all subordinate courts in Bangalore. His expertise spans a broad spectrum of legal areas, including Civil, Criminal, Corporate, Commercial, RERA, Family, and Property disputes. Adv. Joshi's firm, Nachiket Joshi Associates, is committed to providing efficient and timely service to clients, ensuring the highest standards of legal representation.