News-CRUX-10     14th May 2024     Save    
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SMART CITIES MISSION (SCM) (Syllabus: GS Paper 2 – Govt Policies/Schemes)

Context: The Smart Cities Mission (SCM) has taken a back seat in this year’s list of..

14th May 2024

XENOTRANSPLANTATION (Syllabus GS Paper 3 – Sci and Tech)

Context: The first recipient of a pig kidney recently passed away two months after the sur..

14th May 2024

COUPLES RIGHTS UNDER ARTICLE 21 (Syllabus: GS Paper 2 – Polity)

Context: The Lucknow bench of the Allahabad High Court recently ruled that a Muslim cannot assert rights in a live-in relationship if they already have a living spouse.

Background of the Issue 

  • The couple claimed protection under Article 21 for their live-in relationship, but the court ruled against it, citing Islamic tenets.
  • The judges emphasized that while constitutional morality may protect such couples in certain cases, it wouldn't automatically support their rights under Article 21.
  • The court differentiated between unmarried couples and those already in a subsisting marriage, denying protection under Article 21 to the latter.

Legal Provisions in Relation to Live in Relationships

  • Article 21 of the Constitution: Guarantees the right to life and personal liberty.
  • Lata Singh v. State of UP (2006): Supreme Court ruled that cohabitation of two individuals of opposite sex is not illegal.
  • Velusamy v. D Patchaimal (2010): Supreme Court established criteria for legal recognition of live-in relationships:

o Couples must present themselves to society as akin to spouses.

o Both individuals must be of legal marriage age and unmarried.

o They must be otherwise qualified for marriage.

o They must have cohabited and held themselves as spouses for a significant period.

  • Article 19: It affirms every citizen's right to reside and settle anywhere within India's territory. Therefore, individuals, regardless of marital status, cannot be refused accommodation if they choose to live together as adults.

Legal Status of Live-in Relationships in India

  • Absence of Specific Laws: India lacks laws directly addressing live-in partnerships, leaving them unregulated by legislation.
  • Judicial Perspective: The Supreme Court recognizes the right to life includes the freedom for unmarried couples to cohabit without facing legal repercussions.
  • Court Rulings: Courts presume cohabiting couples, even without formal marriage, as legally bound in long-term relationships. 

o In cases like Payal Sharma versus Nari Niketan, the judiciary distinguishes between societal morality and legal validity, affirming the legality of live-in relationships.

  • Badri Prasad v. Dy. Director of Consolidation (1978): It underscores the legality of live-in relationships, subject to conditions like age, consent, and mental capacity.

14th May 2024

CHABAHAR PORT (Syllabus: GS Paper 2 – IR)

Context: Recently, India and Iran signed a 10-year contract for the operation of the Chaba..

14th May 2024

TYPES OF BANKS IN INDIA (Syllabus: GS Paper 3 – Economy)

Context: The last financial year, 2023-24 (FY24), was good for private banks and excellent..

14th May 2024

EXO-PLANET: 55 CANCRI E (Syllabus: GS Paper 1 – Geography)

Context: Astronomers have recently found a "super-Earth" or say an exo-planet, that orbits..

14th May 2024

ZERO-DAY VULNERABILITY (Syllabus: GS Paper 3– Cyber Security)

Context: Google Chrome has been hit with another zero-day vulnerability, which has set the..

14th May 2024

SOLID WASTE (Syllabus: GS Paper 3 – Env & Eco)

Context: The Supreme Court recently criticized the absence of immediate plans to address o..

14th May 2024

PENCH TIGER RESERVE (Syllabus: GS Paper 3 – Env and Eco)

Context: A leopard cat has been spotted in Maharashtra’s Pench Tiger Reserve for the..

14th May 2024

UNODC (Syllabus: GS Paper 3– Security)

Context:  According to the 2024 World Wildlife Crime Report recently released by the ..

14th May 2024

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