Live-in to legal, community weddings empower women

Context

A tribal community of Jharkhand following ‘Dhuku’ tradition of live-in relationship, as they are unable to marry due to poverty in the community.

They are getting married through ‘community marriages’ organised by the help of a NGO and facilitated by district administration and Coal India Ltd in the state.

Background

The concept of Live-in is not new in India, it was known with several names since the ancient times.
- It was known as ‘maitri-karar’in which a written agreement was made between people of two opposite sex that they would live together as friends and look after each other.
Similarly, Gandharva marriage, one of the eight Hindu marriages, has its roots in the concept of live-in.
- A man and woman meet each other of their own accord, consent to live together, and their relationship is converted to copulation born of passion.

What is Dhuku marriage?

Staying with a man in a relationship, bearing their children without getting married, without any social acceptance and legal rights - this is an Adivasi tradition in Jharkhand, known as 'dhuku marriage'.
According to the tribal community norm, the woman is recognised as ‘Dhukni’ and the man is called 'Dhukua'.

Highlights of the tradition

It is a civil cohabitation and is approved before and after pregnancy and even after the birth of children.
But dhuku marriages are a social banefor tribals in Jharkhand.
The Munda, Oraon, and Ho tribes primarily practice Dhukna in tribal-dominated rural areas of Jharkhand, and such marriages have been flourishing in patriarchal tribal communities for centuries due to poverty and illiteracy.
Dhuku marriage is a compulsion, not a choice, and tribals for centuries have been deprived of basic social recognition and respect because of poverty.

Legality of live-in relationships

In India, no specific legislation or customs is governing the same.
Thus, the Supreme Court has elaborated the concept of live-in relations through its Judgments and has issued guidelines to deal with such relationships.

In the case of Lata Singh v. State of U.P, the Court held that though live-in relationships are perceived as immoral it is not an offence under the law.
In another famous case of Khushboo v. Kanaimmal and Anr. the Supreme Court held that living together is a right to life covered under Article 21 of the Indian Constitution; thus, despite being considered immoral by society it is not an offence in the eye of law.