No Arrest, No Harassment, 7 Rights Unmarried Couples In India Must Know About

Whenever there is a mention of an unmarried couple, moral policing follows. People with conservative mindsets think it is their birthright to give couples lectures on what is right, what to talk about, how to talk, how close they can get, where they can go, and what they can do in their private space.

Many such organisations exist that try to hunt unmarried couples in public spaces, especially around Valentine’s Day. Harassing young people in the name of culture and shame has become a norm.

However, we spoke to Advocate Nitin Yadav, a practising lawyer at the Delhi High Court, about the rights unmarried couples have in India. Therefore, next time any elderly person tries to shame, harass, or threaten you about the arrest, you can refer to this article.

Unmarried Couple Can Check Into A Hotel While Living In The Same City

Couples should know that there are no laws that prohibit them from checking into a hotel room while living in the same city. Hotel managers can decide if they would accept bookings from unmarried couples or not. But no one can harass or arrest you if you check into a hotel that accepts bookings of unmarried couples.

Unmarried Couples Can Sit In Public Spaces

Often news headlines about harassment of unmarried couples enjoying a picnic or spending quality time in a public space would leave you scared. But rest assured that there are no such laws that prohibit you from talking in the public space. Section 294 of the Indian Penal Code (IPC) talks about obscene acts in public, which is a punishable offence.

However, if you are sitting, walking, enjoying a meal, or talking, nobody can arrest or harass you in the name of moral policing.

Unmarried Couples Can Check Into A Hotel

If you want to spend quality time with your partner, you can check into a hotel, provided both of you are above 18 and have valid identity proofs, including Aadhar Card, Driving License, Passport and voter’s Id.

In 2019, while hearing a case of sealing an apartment where an unmarried couple lived, the Madras High Court said that no law forbids consensual unmarried couples from booking a hotel room. Police also cannot arrest you if you have valid Id cards. 

Unmarried Couple Can Rent A House

While our society has several concerns about a live-in relationship, there are no laws that prohibit an unmarried couple from renting an apartment. If the landlord does not have any issues, a couple can live without worrying about people quoting fictional laws.

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Unmarried Couple Can Start A Family

In S.P.S. Balasubramanyam v. Suruttayan, the Supreme Court (Supreme Court Judgements) of India said that if a woman and man have been living together for many years, their relationship would be considered legal as much as of a married couple. Therefore, a child born to them would be legitimate, irrespective of what society says.

Unmarried Couples Cannot Be Harassed For A Consensual Relationship

According to Article 21 of the Indian Constitution, every citizen of the country has sexual autonomy. A consenting unmarried couple can enjoy intimacy in their private space without worrying about arrests. 

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Unmarried Couples And Protection Against Violence

The Domestic Violence Act of 2005 extends to protect women in live-in relationships (Conversation To Have Before Moving In Together). If an aggrieved woman files a complaint about her partner abusing or harassing her, the police have to act on it. 

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