TOPIC: Live in relationships: Legal, moral and ethical issues
Author: Esha chatterjee, a Student of Birla Global University
ABSTRACT:
When a nation bases its legal system both on respect for individual liberty and social values, that nation is said to be socialist. These laws are created in line with popular philosophy and for the benefit of society. Moral standards and ethical norms differ from person to person. A non-conclusive and ongoing argument regarding the idea of live-in relationships, their moral and ethical standing, and whether or not they should be legalised in India was started even before Indian society was affected by western civilization and began practising them.
The essay would provide a thorough analysis of the Live in Relationship and the ongoing discussion about its moral and ethical foundation. Regarding social ethics and legal leniency, there is instability and contradiction. The author will offer his or her opinion on the legality of live-in relationships in western nations and how this has affected Indian society. It will also provide insight on the Indian society’s ethical or moral position about cohabitation.
The remainder of the essay will address whether the existence of this form of relationship poses grave threats to the morals and principles behind the institution of marriage in India. It will discuss the position, rights, and ethical and legal ramifications of the woman involved in such a relationship. Thus, the report would carefully consider the significance and Legalizing live-in relationships is necessary.
INTRODUCTION:
Live in Relationship is used As the word implies, a “Live in relationship”2 is when two consenting adults have been living together for a longer period of time and behave as husband and wife. In the present era, such a partnership has already been classified as an immoral and indecent form of relationship that predominates in society without having been sanctified or given legal authority by Indian laws.
Such a connection can be governed by the utilitarian principle, which was developed by Jeremy Bentham and calls for the maximisation of happiness for the greatest number of people. In a live-in relationship, the people remain with their free permission, free from the burdens and responsibilities of marriage, and so, their happiness is maximised.
The Live in Relationship and the ongoing debate over its ethical and moral foundation, which is causing confusion and conflict in relation to social ethics and legal leniency, would be thoroughly examined in the paper. The author will offer his or her opinion on the legality of live-in relationships in western nations and how this has affected Indian society. It will also provide insight on the Indian society’s ethical or moral position about cohabitation.
The remainder of the essay will address whether the existence of this form of relationship poses grave threats to the morals and principles behind the institution of marriage in India. It will discuss the position, rights, and ethical and legal ramifications of the woman involved in such a relationship. Thus, the article would carefully analyse the significance and necessity of making live-in relationships legal.
ETHICAL AND MORAL STAND ON THE LIVE- IN RELATIONSHIP
The two polar notions in the universe are law and ethics or philosophy, where one restricts or occasionally eliminates the presence of the latter and where, in very limited circumstances, they coexist together. Legality of a live-in relationship depends on many different factors, particularly in India where traditions are highly valued and breaking them is considered unethical and morally wrong.
. The societal and ethical issues with regards to the live- in relationship
First, is the idea of a live-in relationship morally acceptable in Indian society?
In the majority of India, it is still not considered socially acceptable. In many of these social contexts, the partner in such a relationship is looked down upon, which could have negative effects. It should be acknowledged that India is still closed to couples living together, particularly those who are female.
Thirdly, whether the principles of successions and maintenance will take their usual course under such circumstances where a marriage has not taken place between the two parties but only under a mutual agreement of living under cohabitation holding out to the world as akin to sex marriage. Second, the concept of legitimacy for the children so born out of such a relationship stands in conflict as to whether legitimacy will be provided by law to a child not born out of marriage.
Ethical status of women in such relationship
A subjective term is ethics. Since there is no set formula to define or comprehend the range of circumstances controlling ethics, the ethics of any given civilization, organisation, community, area, or country are rarely the same or similar. The sum, cause, and effect of a person’s personal virtues, universal human ideals, religious beliefs, societal standards, and the laws governing their particular sect or land can be summed up as their ethics for that society, region, etc.
A set of expected behaviours that are defendable in the eyes of society and consistent with the broad sense of social propriety might be referred to as ethics. Such behaviours are invariably those that are carried out in support of an implicit duty to society.
Personal religious values also dictate ethics in the area of interpersonal relationships. A collection of beliefs that a culture, region, or country has long practised and ingrained is said to form the basis of the law of the land. As a result, certain obligations of an individual towards the community are provided by the obligations carved out with such practises translating into the law or norms. The duties so stipulated have been approved in the form of unspoken social norms, which cover topics like inheritance, divorce, marriage, etc. In our country, moral principles, religious institutions, and constitutional laws all play a role in regulating relationship ethics.
One more factor needs to be considered in the aforementioned scenario, and that is the widely held belief among all members of our national society that women likewise bear an equal share of the primary responsibility for upholding morality.
It is also a well-known truth that, of the two genders, the rights of women are most at risk of being violated if the relationship is not accepted by society.
As a result, while considering the need for a certain woman to enter a live-in relationship, the obligation of upholding society’s standards comes with a serious paradox.
Ethical status of child in such relationship
Under the concept of a live-in relationship, the child or children born out of such a connection are more at danger of suffering social and ethical stigma than the woman is, as well as legal issues, and they are also more innocent in the entire spectrum. Such suffering includes tremendous societal stigma in addition to the complex legal challenges surrounding his validity and his rights to inherit. The children born out of such partnerships frequently run the risk of being labelled as illegitimate or, at the at least, not legitimate as the Indian legal system does not recognise a live-in relationship as a form of marriage. Theinquiry regarding the morality of
The following scenario may be taken into consideration when giving birth to a child from a live-in relationship:
“Whether it is right or wrong for a couple that is in a live-in relationship to have a child”
The answer to the aforementioned query is really found in the response to the query regarding the legal standing and rights of the kid resulting from such a relationship. There may be instances where a court accords such a child benefits comparable to those accorded to a genuine child, although this is not always the case. In a number of legal precedents, the courts have established various requirements before determining an implicit marriage’s legitimacy or the legitimacy of a live-in relationship in order to grant such a relationship the status of marriage similar to that which is provided under the applicable personal law. De-recognition of the statement as a genuine one could therefore be a dangerous outcome if such recognition is not given. Consequently, testing may be required.the morality of the live-in relationship in light of the legal protections afforded to such children because, in the absence of such protections, it would be entirely unethical on the side of a couple to give birth to such a kid. As a logical corollary, we must look at the position of illegitimate child rights under several personal laws in India in order to respond to the question stated above.
Despite the fact that our country has one of the most dynamic civilizations in the world, such kits continue to be victims in our society. Due to the nation’s culture being mostly founded on religious and traditional inclinations that are ingrained in its genes, the formation of common law on the matter does not offer much assistance.
