Justice Siddharth of the Allahabad High Court raises concerns over live-in relationships while granting bail in a sexual exploitation case.
Case in NewsAllahabad High Court slams live in relationship, calling it harmful to women and social values. |
Case Overview
Case Name – Shane Alam vs. State of Uttar Pradesh
The Allahabad High Court, in the case of Shane Alam v. State of Uttar Pradesh heard by Justice Siddharth, addressed concerns surrounding live in relationships . The accused was charged with sexually exploiting a woman based on a false promise of marriage . He was booked under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Protection of Children from Sexual Offences (POCSO) Act . The victim’s counsel argued the exploitation had seriously affected the victim’s life prospects . The Court granted bail while making strong observations about the cultural and legal implications of such relationships .
Key Aspects
- Accused lured the victim into a sexual relationship under the false pretext of marriage .
- Relationship later ended; accused refused to marry .
- FIR was lodged for exploitation and breach of trust .
- The issue raised questions on the misuse and fallout of live-in partnerships .
Legal Insights
- Section 69 of the Bharatiya Nyaya Sanhita, 2023 – Covers offences involving false promise to marry and subsequent sexual exploitation .
- Section 376 (2)(n) of BNS, 2023 – Punishment for repeated rape on the same woman .
- Sections 3 and 4 of the POCSO Act, 2012 – Define and punish penetrative sexual assault on minors (if the victim is below 18) .
- The Court acknowledged the Supreme Court’s jurisprudence legalising live in relationships (e.g., Indra Sarma v. V.K.V. Sarma, 2013) .
- Emphasis was laid on social implications and lack of legal safeguards for women post-breakup .
Court’s Verdict
Justice Siddharth of the Allahabad High Court granted bail to the accused . The Court expressed concern that the increasing trend of live in relationships contradicts Indian middle-class values and disproportionately impacts women’s social and emotional stability .
Source – High Court of Allahabad
Read also – Bharatiya Nyaya Sanhita, 2023
