Cecily Zamora
In India, love laws have been a part of the culture since the 4th century, dictating who should be loved, how, and how much. While these laws have evolved over time, with individuals increasingly pursuing relationships based on love rather than familial expectations, traditional loyalties of caste and kinship continue to play a significant role in shaping societal norms around love and marriage. The legal framework in India, including the Special Marriage Act of 1954 and the Hindu Marriage Act of 1955, provides a modern context for relationships, allowing individuals above the age of 18 to choose their partners regardless of caste, religion, or gender identity. Despite these legal protections, some couples who pursue forbidden relationships still face challenges and often seek refuge in special shelters due to familial disapproval.
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What You'll Learn
The right to love and have relationships
In India, individuals above the age of 18 have the right to love and have consensual sexual relationships with anyone they wish, irrespective of gender identity or sexual orientation. This is guaranteed under the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020.
However, this freedom to love and have relationships is not always accepted socially, and many Indian couples still face challenges when pursuing "forbidden" relationships, particularly when it comes to caste and kinship loyalties. These social norms, often referred to as "love laws," have been a part of Indian culture for centuries, giving parents control over their children's marriages. Marrying for love was once considered a dishonor to the family, and displaying affection in public was shameful. While times have changed, and it is now acceptable to marry for love, some families still strongly oppose relationships outside of their caste or religion, sometimes even resorting to violence or arranging marriages without their children's consent.
To escape such situations, many Indian couples seek refuge in special shelters run by the police. These shelters provide a safe space for couples to be together, away from the threat of familial retribution. Despite the challenges, the "spectre of love" is mounting a serious challenge to traditional loyalties, and more and more couples are choosing to follow their hearts, even if it means angering their families.
Legally, marriages in India can be performed under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. The former pertains specifically to Hindus, while the latter is applicable to all Indian residents, regardless of religion. A marriage under the Special Marriage Act is considered a civil contract and does not require any religious rites or ceremonies. Couples must file a Notice of Intended Marriage and undergo a thirty-day waiting period during which objections may be raised. At the conclusion of this period, the marriage can be solemnized at a specified Marriage Office before a Marriage Officer and three witnesses.
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Marriage laws
The Special Marriage Act of 1954 allows any two people to marry regardless of gender identity or sexual orientation, as long as they are both Indian nationals. The process involves filing a Notice of Intended Marriage to the Marriage Registrar of the district in which one of the parties has resided for at least 30 days. After a 30-day waiting period, during which objections may be raised, the marriage can be solemnised at a specified Marriage Office. The marriage is then official after a simple declaration in the presence of a Marriage Officer and three witnesses.
The Hindu Marriage Act, 1955, is specific to Hindus, Buddhists, Sikhs, and Jains. This act governs property succession for married couples and their children. On the other hand, the Special Marriage Act is a civil contract that does not require any religious rites or ceremonies and is applicable to all Indian residents regardless of their religion.
Despite the legal recognition of marriages based on love, some Indian couples still face challenges when their choices contradict societal norms, particularly regarding caste and kinship. Forbidden relationships can lead to anger from families, and in extreme cases, threats of violence. As a result, some couples seek refuge in special shelters guarded by police to ensure their safety while pursuing their love.
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LGBTQ+ rights
In India, LGBTQ+ people have been increasingly tolerated and accepted since the 2010s. A 2023 poll by the Pew Research Center found that 53% of Indians supported the legalisation of same-sex marriage, while 43% were opposed.
In 2016, the Supreme Court decided to review the criminalisation of homosexual activity. In 2017, the Supreme Court unanimously ruled that the right to individual privacy is an intrinsic and fundamental right under the Indian Constitution. The Court also ruled that a person's sexual orientation is a privacy issue, giving hope to LGBTQ+ activists. In 2018, the Supreme Court struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison, a historic victory for LGBTQ+ rights in India. In 2019, the Transgender Persons (Protection of Rights) Act was passed, allowing transgender individuals to change their gender marker to either "male" or "female" after showing proof of their gender confirmation surgery. However, this provision has been challenged as unconstitutional, as it contradicts a 2014 Supreme Court decision.
Despite these advancements, India's Supreme Court declined to legalise same-sex marriage in 2023, stating that it is a legislative function and passing the responsibility to Parliament. This decision disappointed LGBTQ+ rights campaigners, as the government had previously rejected several petitions in favour of legalising same-sex marriage, arguing that marriage is only between a biological man and woman and that same-sex marriages go against religious values.
Currently, there is no legal recognition of same-sex marriage in India, and same-sex couples often face harassment in many communities. However, the Uttarakhand High Court acknowledged that while same-sex marriage may not be legal, cohabitation and "live-in relationships" are protected by law. Additionally, the Supreme Court has ruled that LGBTQ+ persons have the right to choose a partner, cohabit, and enjoy physical and mental intimacy, free from physical threat and coercive action, and that any discrimination based on sexual orientation is a violation of the Indian Constitution.
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Caste and kinship
India's caste system is a social hierarchy that categorises people into different classes, with certain castes considered superior to others. Caste is determined by birth, occupation and family origin, and it usually dictates an individual's status in the community and their livelihood. The lowest caste, known as "Untouchables", faces significant social and economic challenges, with high rates of illiteracy. While caste is permanent for life, the concept of rebirth in Hinduism allows for the possibility of being reborn into a higher caste.
The caste system has influenced marriage practices in India, with cultural norms and laws prescribing suitable or unsuitable marriage partners. In rural India, endogamy, or marriage within the same caste, is expected, while exogamy, or marriage outside one's caste, is also practised. Marriages between different castes, known as inter-caste marriages, have traditionally been rare but are becoming more common. Inter-caste marriages can face social and familial challenges, including disapproval, threats, and harassment.
To address these issues, India has enacted laws such as the Special Marriage Act of 1954, which provides a legal framework for secular civil marriages regardless of religion or caste. This Act upholds the fundamental right to marry based on consent, protecting individuals from honour killings and forced conversions. By notifying parents, police, and district authorities, couples can establish a public record of their marriage and seek protection from harassment or interference.
Kinship in India is centred on the family, with marriage creating kinship ties between two individuals and their wider families. The nuclear family, consisting of a married couple and their children, is part of a larger kinship network that includes extended family members such as grandparents, siblings, and their spouses. These kinship groups play a significant role in Indian society, influencing marriage choices and providing support during marital conflicts.
The dynamics of caste and kinship in India are complex, with societal pressures and traditional norms often conflicting with individual freedoms and romantic choices. While legal protections for inter-caste marriages exist, the continued influence of the caste system and familial expectations can create challenges for couples from different caste backgrounds.
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Domestic violence
In India, domestic violence includes any form of violence suffered by a person from a biological relative, but it typically involves violence suffered by a woman at the hands of male members of her family or relatives. Although men also experience domestic violence, the law under IPC 498A specifically protects only women.
The Protection of Women from Domestic Violence Act (PWDVA) of 2005 is the most recent legislation concerning domestic violence in India. The PWDVA, a civil law, includes physical, emotional, sexual, verbal, and economic abuse as forms of domestic violence. It also outlaws marital rape, although it only offers a civil remedy for the offence.
The PWDVA recognises the need of the abused woman for emergency relief, which must be provided by the husband. A woman cannot be stopped from making a complaint or application alleging domestic violence. She has the right to the services and assistance of the Protection Officer and Service Providers, as stipulated under the provisions of the law. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code. Sections 18-23 provide a large number of options for legal redressal, including protection orders, residence orders, monetary relief, custody orders for her children, compensation orders, and interim/ex parte orders. If a husband violates any of these rights, it is deemed a punishable offence.
The PWDVA also ensures a woman's right to reside in her matrimonial home, even if there is a dispute. This means that a husband throwing his wife out of the house during a dispute is now deemed illegal. Even if she is a victim of domestic violence, she retains the right to live in a 'shared home', i.e., a home she shares with the abusive partner. If an abused woman requires it, she must be provided with alternate accommodation, which must be paid for by her husband or partner.
The Act also covers children, who can file a case against a parent or parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a complaint on behalf of a child.
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Frequently asked questions
The love laws in India refer to the social structure and cultural norms that dictate who should be loved, how, and how much. These unwritten laws have been a part of Indian culture for centuries, and while they are not legally enforceable, they still carry significant weight in society.
Yes, the love laws still play a role in shaping relationships in modern India, although their influence is waning. Some Indians continue to seek refuge in special shelters guarded by police due to pursuing "forbidden" relationships that go against these traditional norms.
Forbidden relationships in India often involve couples from different castes or religions. Inter-caste marriage is still a controversial issue, and some families strongly oppose their children marrying outside of their caste.
Yes, the Special Marriage Act of 1954 allows any two Indian citizens to marry regardless of religion or caste. This Act enables couples to marry through a civil contract without the need for religious rites or ceremonies.
The LGBTQ+ community in India has gained some legal rights in recent years. Anyone above the age of 18 has the right to love and have consensual sexual relationships with anyone they wish, regardless of sexual orientation or gender identity. However, societal attitudes and traditional love laws may still pose challenges for LGBTQ+ individuals seeking to express their love openly.
