SC safeguards for live-in partners are overdue, Pg10

Key Highlights:

• The Supreme Court has extended protection against domestic cruelty to women in live-in relationships that are "in the nature of marriage".
• This ruling applies Section 498A of the erstwhile Indian Penal Code and its equivalent, Section 85 of the Bharatiya Nyaya Sanhita, where a genuine intent to marry is established.
• The Court emphasized that legal protection must consider the substance of intimate relationships over their formal solemnization.
• Safeguards established in Arnesh Kumar vs. State of Bihar must be followed to prevent arbitrary arrests in such cases.

Detailed Insights:

• The Supreme Court's decision aims to align criminal law with evolving social realities, acknowledging that domestic abuse is not less devastating in the absence of a formal marriage.
• Women in live-in relationships already have civil remedies available under the Protection of Women from Domestic Violence Act, 2005, but this judgment extends criminal law protection.
• The ruling clarifies that not all live-in arrangements qualify; only those resembling marriage with a demonstrable "intent to marry" are covered.
• Previous judgments like D Velusamy v D Patchaiammal (2010) and Indra Sarma v V K V Sarma (2013) had established criteria for defining relationships "in the nature of marriage," including cohabitation duration and commitment.
• The National Family Health Survey (NFHS) indicates that over 22% of ever-married women have experienced physical, sexual, or emotional violence from partners, highlighting the pervasive nature of intimate partner violence.
• The Court's decision to apply Arnesh Kumar safeguards aims to balance protection for victims with preventing misuse of the law, ensuring arrests are not made mechanically.

Key Concepts Involved:

• Section 498A, Indian Penal Code (IPC): A provision that criminalizes cruelty by a husband or his relatives against a woman, punishable with imprisonment up to three years and a fine.
• Section 85, Bharatiya Nyaya Sanhita (BNS): The new provision replacing Section 498A IPC, dealing with cruelty by a husband or his relatives towards a woman, with similar penalties.
• Protection of Women from Domestic Violence Act, 2005: A civil law providing protection orders and other reliefs to women experiencing domestic violence, including those in live-in relationships.
• Arnesh Kumar vs. State of Bihar (2014): A landmark Supreme Court judgment that laid down guidelines to prevent arbitrary arrests, particularly under Section 498A IPC, for offenses punishable with less than seven years imprisonment.