Why in News?
The Supreme Court held that the offence of domestic cruelty under Section 498A of the IPC, now covered under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), 2023, can also apply to women in live-in relationships that are “in the nature of marriage.”
Importance
- The ruling provides legal protection against domestic cruelty to eligible women in live-in relationships.
- It recognises live-in relationships as a part of present-day society.
- It strengthens the principles of equality, dignity and protection of women.
- It prevents the denial of legal protection only on the ground that the couple is not formally married.
Key Highlights
- The Court said that domestic cruelty laws can apply to relationships “in the nature of marriage.”
- The protection is not limited only to women in legally valid marriages.
- The Court noted that the law must take changing social conditions into account.
- The ruling follows earlier judgments dealing with legal protection for women in marriage-like relationships.
- The main purpose of the law is to protect women from domestic cruelty.
Static Facts
- Section 498A, IPC: Dealt with cruelty by a husband or his relatives against a woman.
- BNS, 2023: Replaced the Indian Penal Code, 1860.
- Sections 85 and 86, BNS: Deal with provisions related to cruelty against women.
Important Supreme Court Judgments
- D. Velusamy v. D. Patchaiammal (2010): Laid down conditions for identifying a relationship as being “in the nature of marriage.”
- Indra Sarma v. V.K.V. Sarma (2013): Explained factors that distinguish a marriage-like relationship from a casual live-in relationship.
- Lalita Toppo v. State of Jharkhand (2018): Held that women in live-in relationships can seek protection under the Protection of Women from Domestic Violence Act, 2005.
- Navtej Singh Johar v. Union of India (2018): Emphasised constitutional values such as dignity, privacy, autonomy and individual choice.
