Changing families : Law must match evolving social realities

THE Supreme Court’s decision to extend the anti-cruelty provision under Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita) to live-in relationships “in the nature of marriage” is the logical culmination of a long-evolving jurisprudence. It acknowledges a reality that the law can no longer afford to ignore: domestic abuse does not discriminate between relationships solemnised by ritual and those sustained by commitment. For over a decade, the apex court has steadily recognised that stable live-in relationships deserve legal protection. From D. Velusamy (2010) and Indra Sarma (2013) to repeated affirmations that consenting adults have a constitutional right to cohabit, the judiciary has sought to reconcile traditional legal categories with changing social norms. The latest ruling carries that philosophy into the realm of criminal law, ensuring that women subjected to cruelty are not denied justice merely because they lack a marriage certificate.