Supreme Court's Decision on Protection Against Domestic Cruelty in Live-In Relationships

The Supreme Court of India has extended protection against domestic cruelty to women in live-in relationships that resemble marriage. This decision aligns criminal law with current social dynamics, acknowledging that such relationships, though lacking formal marriage rites, should not be deprived of legal protection.

Extension of Legal Protections

• Section 498A of IPC and Section 85 of Bharatiya Nyaya Sanhita: These sections can apply to live-in relationships based on a genuine intent to marry. 
• Civil Remedies: The Protection of Women from Domestic Violence Act, 2005 already provides civil remedies for women in live-in relationships. 
• Recognition of Domestic Abuse: The Court acknowledges that domestic abuse stems from power imbalances and coercion, irrespective of formal marriage. 

Importance of Substance Over Form

Legal protection should focus on the essence of intimate relationships, not just their formal recognition. The judgment reinforces this principle by ensuring women in non-formalized relationships can seek criminal law protection.

Prevalence and Reporting of Domestic Violence

• Under-reported Crime: Domestic violence is one of India's most under-reported crimes, with only a minority seeking redress. 
• NFHS Findings: Over 22% of ever-married women have experienced violence, highlighting the issue's pervasive nature. 

Challenges for Women in Live-In Relationships

•  Women in live-in relationships face additional legal, procedural, and social hurdles. The case example discussed involved an accused trying to quash proceedings on the grounds of being already married, challenging the validity of the live-in relationship. 
• Past SC Cases: The Court referenced previous rulings, such as D Velusamy v D Patchaiammal (2010) and Indra Sarma v VKV Sarma (2013), which outline criteria for recognizing live-in relationships as akin to marriage. 

Implementation of Safeguards

The judgment emphasizes the need to follow safeguards, like those in the Arnesh Kumar vs Bihar case, ensuring a balanced approach in applying legal protections.