In India, seriously, a lot of people are curious about the lawfulness of hotel stays by an unmarried pair or couple. You know, like when you are in a hotel room with your girlfriend or boyfriend, and people think that if they are caught, there will be some legal troubles that they would have to face, but is that the case though? Well, just to be very clear from the start, if both are legal adults, then of course, it is legal for them to book a hotel room together and it is completely legal. But since there is way too much confusion around this topic, we’ll go over some details that you should know, alright, here we go now.
Legal Rights for Unmarried Couples Staying in Hotels in India
You see, there is nothing to worry about in such a case because the right to privacy is guaranteed to all Indian citizens through Article 21 of the Constitution, which means, yes, individuals are free to choose their personal relationships, which is also included in this law. So, unmarried couples can legally stay in hotels, provided they have the consent of both parties, that’s the only thing to keep in mind. The supreme courts of India have made it clear that a couple being together is not an offense, and hence this provision of the law also applies to those who stay in hotels. All in all, there is no law in India that prevents unmarried couples from sharing a room. A stay is also a legal act and cannot be stopped, as long as they are both above 18 years and show a valid ID.
Just so you know though, a landmark judgment from the Madras High Court put to rest any doubts regarding the lawfulness of unmarried couples’ hotel accommodation, by stating that they cannot be said to be guilty of a crime. Therefore, it is confirmed that being in a hotel as a couple is not a criminal act.
Hotel Policies and Common Practices
But yes, some hotels are worried about letting unmarried couples check in even though it is a legal option in India. Sure, there is no law that prohibits this, but it is due to social pressure and the fear of bad media coverage that these policies are made. Not just that though, some hotel managers worry that police might create problems by checking if there are any moral police involved.
Nevertheless, there are still a lot of hotels that are open to welcoming unmarried couples to their premises. In terms of carrying a valid ID such as an Aadhaar card or passport, the best thing that you can do is to make sure you have it ready and by your side. The hotel staff will certainly need to copy that ID for their records, however, this is a common practice and you should not be worried about it.
All in all, let’s say you are in a hotel room with your girlfriend or boyfriend, you both are adults, and the stay is consensual both ways, then there is nothing anyone can do to pressure you in legal ways. Like, you don’t need to fear that the Police are going to interrupt or someone else will file a complaint against you, it doesn’t work like that.