SC: Live-in 'in nature of marriage' covered under cruelty law
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court ruled that men in live-in relationships 'in the nature of marriage' can be prosecuted for cruelty under Section 498A of the IPC. This expands legal protection to women in such relationships, marking a significant judicial interpretation of the law.
Background
Section 498A of the Indian Penal Code criminalizes cruelty by a husband or his relatives towards a woman. The provision uses the term 'husband', leading to ambiguity about its applicability to live-in relationships. The Supreme Court has now clarified that qualifying live-in relationships are covered.
Key facts
The Supreme Court bench of Justices Sanjay Karol and N Kotiswar Singh delivered the judgment.
The ruling applies to live-in relationships that are 'in the nature of marriage'.
Excluding such women from the ambit of Section 498A would amount to discriminatory treatment, the court held.
The protection is not available to every romantic relationship or casual live-in arrangement.
Only relationships satisfying the judicially evolved test of being 'in the nature of marriage' and with evidence of intent to marry would attract Section 498A.
The initial burden of establishing such intent lies on the woman invoking the provision.
Section 498A of the IPC corresponds to Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS).
The judgment came in an appeal from Karnataka where criminal proceedings were challenged on the ground that the parties had never formally married.
Prelims pointers
- Section 498A, Indian Penal Code (IPC)
- Sections 85 and 86, Bharatiya Nyaya Sanhita (BNS)
- Supreme Court of India
- Justices Sanjay Karol and N Kotiswar Singh
- Live-in relationship 'in nature of marriage'
Mains angles
- GS2: Judiciary - role in interpreting laws to advance social purpose
- GS1: Social empowerment - protection of women in non-traditional relationships
- GS2: Government policies and interventions - criminal law reforms