Why in the News
The Supreme Court held that protection against cruelty under Section 498A of the Indian Penal Code (IPC), 1860 extends to women in live-in relationships, provided the partners share a genuine intent to marry. The ruling is based on Article 14 (Right to Equality).
What is Section 498A?
- Penalized cruelty by a husband or his relatives against a woman.
- Now corresponds to Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023.
- Traditionally applied only to legally valid marriages.
Supreme Court Ruling
- Adopted a purposive interpretation to address changing social realities.
- Extended protection to women in live-in relationships where there is: A relationship in the nature of marriage, and A genuine intent to marry.
- Held that denying such protection violates Article 14.
Why is the Domestic Violence Act Not Enough?
- The Protection of Women from Domestic Violence (PWDV) Act, 2005 covers women in relationships in the nature of marriage.
- However, it provides civil remedies such as: Protection orders, Residence orders, and Maintenance
- Section 85, BNS provides criminal punishment, offering stronger deterrence.
Challenges
- Difficulty in proving intent to marry.
- Limited documentary evidence in live-in relationships.
- Possibility of misuse.
- Overlap between civil remedies under the PWDV Act and criminal proceedings.
Important Constitutional Provisions
- Article 14: Equality before law.
- Article 21: Right to life and personal liberty, including dignity and autonomy.
Landmark Judgments
- D. Velusamy v. D. Patchaiammal (2010): Defined “relationship in the nature of marriage.”
- Indra Sarma v. V.K.V. Sarma (2013): Laid down factors for determining live-in relationships under the PWDV Act.
[2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
(a) Article 19
(b) Article 21
(c) Article 25
(d) Article 29