What Is A Civil Partnership And Why It Is The Need Of The Hour To Incorporate This Into The Indian Legal System

WHAT IS A CIVIL PARTNERSHIP AND WHY IT IS THE NEED OF THE HOUR TO INCORPORATE THIS INTO THE INDIAN LEGAL SYSTEM

A civil partnership is a legally recognized relationship between partners which offers the same benefits and legal rights as a conventional marriage.

There are various reasons why civil partnerships are suited over marriages especially in India

  • Firstly, those in a civil partnership inherit the benefits and rights that arise from a marriage, such as Tax benefits, Pensions, Inheritance, Social Welfare, Maintenance, Shared Home, Barring, Safety and Protection orders.
  • Secondly, there are no religious barriers, connotations or what many would say “ religious politics” attached to civil partnerships, which would make them a convenient option for couples who want to be legally recognized as partners but don’t want to commit or align themselves to any particular religion.
  • Thirdly, there is no compulsion that a ceremony is to be held, it is a simple procedure where both parties or partners have to attest or sign a civil partnership document.
  • A marriage recognizes a couple as “Husband “and “Wife”; which on paper without a doubt looks fantastic but also leads to issues of inequality especially in India. However, couples in a civil partnership will be legally recognized as “civil partners”; whilst some of you may feel that it sounds sketchy, it is exactly what a couple should be recognized as. Two individuals who are together as equal partners.
  • Dissolution of marriages and civil partnerships have the same legal procedures, expect in a civil partnership’s a case of adultery cannot be used as a reasoning. However, as time passes, amendments can be made to the law to rectify this.

Why are civil partnerships the need of the hour:

  • Marriages do not always workout or fit with everyone’s ideologies and whilst live-in relationships have been legally recognized in India, the introduction of civil partnerships would solidify the already existing laws governing live in relationships.
  • Civil partnerships can be easily enforced in cases where two partners object to the concept of marriage, due to issues with regards to traditions, religions and family politics.
Merlyn Law Firm

Author –
Rahul J Krishnan