Can Unmarried Couples Be Arrested From Hotel Rooms Like OYO? The Law Says…
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OYO Rooms New Rule: Speaking about the new revised policy of OYO which was known for offering couple friendly accommodations, the advocate clarified that it’s due to hotel policies and social pressure and not law
An adult has the right to travel, live, or stay in a hotel anywhere. (Representative/Shutterstock)
The recent revision of OYO’s check-in policy for unmarried couples in Meerut has reignited the debate surrounding the rights of unmarried adults to occupy hotel rooms in India. This issue, fraught with social and legal complexities, has sparked concerns, particularly in light of reports detailing police raids on hotels where unmarried couples were staying. Speaking to News18, Senior Advocate Sanjay of Dhanbad Court offered a legal perspective on this issue.
Definition of an Adult and Their Rights
Under Indian law, individuals are recognized as adults upon reaching the age of 18. Adults possess the legal right to travel, reside, or lodge in hotels as they see fit. It is not unlawful for consenting unmarried adults to share accommodation in hotel rooms or private residences. This right is protected by the Constitution, and law enforcement authorities are prohibited from apprehending individuals solely on the grounds of being an unmarried couple.
The Supreme Court of India has affirmed the right to privacy and personal liberty as enshrined in Article 21 of the Constitution.
Possible Situations During a Police Raid
If the police raid a hotel and find adult couples, there is no legal basis for arrest unless they suspect criminal activity.
Advocate Sanjay clarified that if the girl and boy are in a consensual relationship, the police cannot make an arrest. Adult couples have the legal right to stay in a hotel, he said.
However, if the girl makes serious allegations against the boy or changes her statement, the boy’s arrest is possible. The case would then be heard in court, and if found guilty, the boy could be sentenced to one to one and a half years in prison.
If no complaint is filed, the police have no basis to arrest the couple.
Speaking about the entry of unmarried couples being banned by OYO and other hotels in many cities in India, the Advocate said that this restriction is due to the policies of hotel management and local social pressure. However, this is not a legal rule. Adult couples have the legal right to stay in a hotel.
In 2019, the Madras High Court stated that an unmarried couple staying together in a hotel room is neither illegal nor a criminal offence. The court emphasised that a live-in relationship between two adults cannot be considered an offence.
“When a live-in relationship between two adults is not deemed to be an offence, the occupation of a hotel room by an unmarried couple will not attract any criminal offence. While that being so, the extreme step of sealing the premises on the ground that an unmarried couple was occupying it is totally illegal,” the Judge ruled.
Earlier in 2009, the Delhi High Court ruled that two consenting adults have the right to stay together in a hotel room. In 2013, the Madras High Court clearly stated that no law prohibits unmarried couples from staying in hotel rooms.
Legal Protection and Advice
According to advocate Sanjay, adult couples should be aware of their legal rights. In the event of a dispute involving police intervention, it is crucial to remain calm and seek legal counsel.
Cooperation with the police is advised, providing proof of adulthood as necessary. Should the police exert undue pressure, immediate contact with a lawyer is recommended. As a precautionary measure, it should be ensured that both individuals’ identity cards are deposited with the hotel management during the stay.
Need for Social Awareness
Conservative thinking regarding unmarried couples remains prevalent in Indian society, despite laws protecting their freedom and rights. Societal attitudes should evolve to respect the private lives of legally adult individuals.
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