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‘Supreme Court ruling on live-in relation favours the male’

Experts in Ahmedabad say apex court judgment is unfair to the fairer sex

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Is it possible for two people to commit a crime and only one get punished while the other goes scot-free? Usually it never happens.

However, on Thursday, the Supreme Court allowed a man to go 'free' while passing a judgment on a live-in relationship. In defining tight criteria for 'legal' live-in and eligibility for 'alimony', the Supreme Court ruled out that just a casual live-in relationship does not entitle a woman to claim benefits of marriage, in a historic ruling which has been severely criticised by experts including sociologists, psychologists and matrimonial counsellors.

The majority has raised the concern that the ruling would certainly instill a deep sense of fear in the female psyche. It will take away the emotional balance of the live-in relationships which are recently on the rise in the country.

However, the ruling is partial and 'patriarchal' and almost gives consent to men to legally remain irresponsible for having extra-marital affairs, say experts.  

Dr. Vinod Goyal, a leading psychotherapist of the city, said, "This ruling is strongly partial towards married men engaging in extra-marital affairs. This would harm females who in many cases fall victim to fleeting affairs. It will instill psychosis amongst the women, resulting in hidden depression." Above all the ruling almost allows 'victimization' of the woman and ensures that the male goes scot-free, the experts elaborated.

To strengthen the weakening institution of marriage and to curb the rise of promiscuous relations in the society, a more balanced judgment that penalises the male for indulging in extra-marital affairs was badly required, demanded experts. Dr. Gaurang Jani, a sociologist, said, "It certainly warns females against engaging in affairs.  Hence it is not a balanced judgment."

The ruling unfairly warns only the fair sex. A deeper implication of this ruling is that cases of sexual assaults will be on a rise. Correspondingly the litigations for rape cases would also increase as female partners would withdraw consent for extra-marital relations due to insecurity; 'legally' armed males would also become more aggressive, said socio-legal experts.

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