In this article, Syeda Muneera Ali, of KIIT School of Law discusses Is it illegal for unmarried couples to book a room in a hotel together? Can hotels refuse to give you accommodation? Can the police raid your hotel and harass you?

Introduction

There is a long-standing idea in India, that men and women should not associate with one another, let alone share a room. Conservative India has vehemently discouraged the very idea of ‘love’, ‘pre-marital sex’, ‘casual sex’, etc., between men and women (let alone homosexual relationships), and there are hundreds of instances where couples have been harassed in public spaces. There are people who have declared themselves as ‘the protector of Indian culture and traditions’, and take it upon themselves to ‘educate’ people, based on the morality of the society.

The apparent rationality behind the public interference of private affairs is that such interventions would eventually lead to a ‘cleansed’ and ‘well-behaved’ Indian society. However, what people fail to understand, is that what happens between two conscious and consenting adults, is not the business of any third person, let alone the government and its law enforcement agencies. While the Judiciary is willing to recognise these rights and try to modernise India, the older generation, along with the legislature and the law enforcement, choose to go in a different direction.

The concept of what is illegal and what is immoral has a very thin line of distinction in the Indian concept. When it comes to the matters that trigger the conservative side of India, there is hardly any distinction. It is common for people in India to not accept something, even though it may be perfectly legal. For example, live-in relationships are legalised in India. Yet, we have repeatedly seen that couples have been denied residency and harassed by ‘social vigilantes’. Clearly, it is more important to protect the ‘Sanctity of the Indian Culture’, as opposed to respecting the will and the privacy of the people.

Is it illegal to check into a hotel as a couple if you are unmarried?

In a country where people consider every act that is beyond their personal acceptance to be illegal, is important to understand what is truly illegal, and what is merely immoral. Legally speaking, there is absolutely no law in India that prohibits unmarried, single couples to rent a room in any hotel. There is no provision in any recognised Indian statute that declares getting a room together as an unmarried couple to be illegal. However, what makes most people ‘think’ that this is illegal, is the societal portrayal of the same. Police officers have often harassed innocent people for choosing to have a different ideology and a different sense of morality. For example, in 2015, several policemen arrested as many as 40 couples in Mumbai, and charged them with ‘indecent public behaviour’, and fined them with Rs. 1200/-. Furthermore, they were detained at the nearest police station and were forced to call their parents.

Can hotels refuse to give you accommodation for being an unmarried couple?

According to the Hotel Association of India, there is no law that allows the refusal of accommodation, on the grounds that the people staying are an unmarried couple. However, several hotels in India have repeatedly refused accommodation. In most situations, hotels do so in order to protect their own interests (such as prevention of raids by policemen). Several hotels put clauses such as, “Occupying hotel rooms by unmarried couples is illegal under Indian laws and therefore hotels have a right to refuse entry or evict any guests on this ground.” However, that is not the case (as there is no illegality involved), and you may question the hotel.

Several hotels reserve the right to refuse admission to certain people. In most scenarios, hotels do that to prevent unnecessary police interference, and for safety reasons. This is an acceptable practice in India, as long as there is no discrimination involved, in terms of religion, race, caste, sex, place of birth etc., as it is prohibited under Article 15 of the Constitution of India.  

Can the police raid your hotel harass you for renting a room in a hotel as an unmarried couple?

Law enforcement agencies are generally on the lookout for illegal activities. It is their job to ensure that there is no wrongdoing going on in the society. In their quest to attain a crime free society, policemen often conduct raids and ensure that everything is legal. However, contrary to popular belief, the police has no authority to arrest you on any grounds, as long as there is no illegality involved in the situation. Despite this, police have often detained and harassed people. This is primarily because the law enforcement agencies understand that most couples are vulnerable and a report to their parents would lead to them being ‘ashamed’ of their apparent ‘crime’.

Here are some ways in which the police may harass you, and how you can escape from such uncomfortable situations:-

1. Charges under the banner of ‘Indecent Public Behaviour’: A common reason for policemen to detain you or harass you, would be on the said ground. However, they cannot do that. One of the most obvious reasons as to why they cannot, is that a hotel room is not a ‘public place’. Moreover, it is crucial to understand that the police are authorised to charge you for illegal activities, and getting a hotel room is not illegal in any form.
2. Take photographs of you, or videotape you, with the intention of harassing you in public or in front of your parents: Please understand that though there is no law against taking pictures of people, it is a blatant invasion of privacy if the same is done. However, if a policeman is taking photographing you and blackmailing you, it is against the law. Be clear about your rights and don’t hesitate to establish these right. Be vocal about your knowledge and tell the police that you have the right to file a FIR if her is harassing you. Also, do understand that the police many threaten you, however, it is important that you maintain your stance and handle the situation calmly.
3. Charges based on ‘Abduction’ of the girl: Though this is one of the most devious ways of charging you with something, just for the sake of teaching you a lesson, it may be done. One of the most predominant issues with this charge is that due to stigma and taboo, the girl’s parents may support the policemen. But, as long as you can prove yourself, you need not fear.
4. Parental phone-calls: Parents are usually opposed to any form of sexual relationships or relationships in general. This leads to policemen being confident that phone calls to parents would put you in trouble. It is advisable that you understand the consequences of your decisions and keep your parents in the loop. Parental support often weakens the case of the policemen.
5. Extortion: More often than not, policemen harass young couples, with the ulterior of extorting money from them. It is usually believed by most policemen that couples who book hotel rooms are hiding from their parents, or do so without the consent or approval of their parents. They often blackmail such couples and eventually let them go upon payment. Such an act by the police is completely illegal and amounts to extortion. It is advisable that such acts be reported to competent authorities.

Are there any alternatives to save yourself from such harassment, or refusal to hotel rooms?

Though it may seem really difficult to get some quiet time with your loved one, it actually is not. Here are few ways to get rooms, as opposed to traditional means:-

1. Book your rooms via. Makemytrip or other apps, that are couple friendly and make sure you mention that you have a guest.
2. Several bold and modern start-up companies, such as Airbnb or StayUncle have desperately tried to make life easier for couples to rent rooms for short periods of time. It is preferred that you choose such websites to get hotel rooms.

Conclusion

The idea behind a culturally ahead society in India is considerably divided into two mainstream ideas- the ideas of the elderly, and the ideas of the young. Those who have lived their youth in a certain mannerism, have desperately hung on to the very same idea. It becomes significantly difficult for them to accept the growing ideas of modernity and change. On the other hand, the youth of today have a rather distinctive idea of what is socially acceptable to them. It is crucial to understand that while the elderly are an important part of our society, the younger generations are the ones who are going to grow up to be a significant part of the society. It is their ideas that will reform and modify the ideals of our society, in the years to come. It is unfair on the part of the law enforcement agencies and the social vigilance, to impose an idea of cultural acceptance, that is purely subjective.

In today’s society, where live-in relationships and pre-marital sex are legal, it is obvious that people would eventually require some space together as a couple. Making it difficult for the youth to practice a lifestyle that they consider acceptable, is both wrong and unacceptable. The government today, controls all our actions. From what is an acceptable food, to what is an acceptable sexual preference, there is an active participation by those who were never supposed to be involved. Should we really allow them to dictate what is truly, a personal choice? If we can abolish certain archaic rituals and ideas, why can’t we strive to make India a more youth-friendly society, that does not deliberately try to sabotage the relationships of its younger generation?  

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References:

1.https://www.stayuncle.com/deals?gclid=CjwKEAjw1PPJBRDq9dGHivbXmhcSJAATZd_Bcdimh-m4YkX3d8SVuQSBgzPEjrK_94sDxN1jcmL8lxoCsdfw_wcB  

2. https://www.airbnb.co.in/
3. http://www.pocketlawyer.com/blog/get-room-unmarried-couples/
4. http://www.thenewsminute.com/lives/507