• Unmarried couples in hotel rooms

Sir, I run hotel in madhya pradesh, would like to know is allowing a unmarried couple to check in in the rooms is legal or not (with a valid id proof of both). Also can we give rooms to local people with local address id. 
As police harasses us and customers for giving rooms to unmarried couples or local people. 
Please provide a govt circular for support in the above cases so that i can show to police.
Asked 5 years ago in Constitutional Law

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17 Answers

1) both should be adults . Consensual sex is no offence 

 

2) if you have taken their identity proof and entered their names in your register there is no harm in giving rooms to unmarrried couples 

 

3) you can give rooms to local people 

 

4) you have not committed any offence 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

There is no restriction on giving hotel rooms for unmarried couple or local people, if they are able to produce valid IDs.

the local police harasses you you should give a written complaint to the senior officials of the police stating a grievance and to take corrective action against those police official.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) It's human rights where to stay and where not to stay as per thw constitution of India. If proper ids are taken while providing the room to them as stay.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

It is legal if they have valid id proof it is no-where in law mentioned that it is illegal. Further in local id also  you can give. See there is no such law which bar local people or unmarried couple going into hotel, having sex or staying there it is just the moral policing to curb the prostitution activities. 


if police harass you can file a petition before the high court. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Concerned 

 

If the correct ids I are provided , Police can not restrict movement of Unmarried couple also , no law bars unmarried couple to spend time together. For a matter of fact the police infringes the rights of the couple if they disturb them in their privacy. 

 

 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. There is no section of any Act or rule which prohibits two adult persons of opposite gender  to spend night together in a hotel room, irrespective of their marital status.

 

2. The law is applicable of all the persons whether local or from outside.

 

3. However, police harasses such staying of unmarried couple to avoid any future problem and book such persons under immoral Traffic (Prevention) Act, 1956. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

There is no punishment because there is no law in India which prohibits unmarried couple to stay at hotel or anywhere together under a roof. Police may arrest only when there is a suspicion that they are involved in prostitution or human trafficking.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Allowing married couple to stay in your hotel is no crime . Two adults are free to make sex in private in which no one can object to it.

2. There is no impressibility in allowing local person to take room as well.

3. Only caution is to be taken as regards their identity on production of valid identity proof.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

There is no law prohibiting unmarried couples to provide rooms. They should possess valid ID that's it. Only prostitution is not allowed.police just do the same without any law for the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Hello, 

No law in the country denies an unmarried couple a stay in a hotel. Not a single law mentions anywhere that an unmarried couple cannot stay together in a hotel.

The same is protected by art 21 of the constitution, which guarantees the right to privacy. 

You do not need any case. 

Ground-breaking judgements of the Hon’ble Supreme Court in Justice KS Puttuswamy (retd.) vs Union of India WRIT PETITION (CIVIL) NO 494 OF 2012 with respect to live-in relationships, premarital sex and right to privacy clearly highlight that the faith of the citizens of the country on judiciary, which aims for serving justice, would be upheld and would not be stabbed by following radical ideologies which are the ones expected by the ideologically-backwards society. Notwithstanding anything of this sort, the moral policing and the societal refutation have always been a casting spell of morality on unmarried couples’ choice to live together.  

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There is no law prohibiting couples to rent rooms in a hotel. If the police are harassing you then file a petition in the hc against them. If the couple have valid ID then there is no reason to stop them.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. It is absolutely legal for an unmarried couple who have attained the age of consent to go together anywhere and also take a room in a hotel. Furthermore, the couple is entitled to absolute privacy behind the closed doors of the room, at par with a married couple.

2. No law says that rooms in a hotel can be given to only outsiders and not localites. There is no government circular on this. These are fundamental rights which flow from the Constitution of India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0


Dear Sir,

There is no govt circular for support in the above case.

The following information may kindly be read:

"There are no specific rules laid down by the government about renting a room in a hotel ‘to a male and a female who are unmarried’. Hotels that have such rules, mostly, are unsure about renting rooms to a man and a woman who are unmarried. If the couple is caught engaging in illegal activities, the hotel will also fall into some major trouble. It is to avoid such a situation, that hotels may include such a policy,” 

 

So do hotels have the legal authority to deny rooms to unmarried couples?
No, say lawyers and an official of the Hotel Association of India.
“There is no law that prohibits unmarried couples from staying together in hotels. Choosing to stay together is a personal choice and falls under freedom of movement, which cannot be restricted”, says senior advocate Sudha Ramalingam. 
The Hotel Association of India, the umbrella organisation that oversees over 280 hotels and resorts across the country says there is no such stipulation. 
“We are not aware of any such rules”, says HAI spokesperson Bharat Bhushan.

The Hotel Association’s official stance seems to be in denial of the accepted practice.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No law in the country denies an unmarried couple a stay in a hotel.

You being the manager/owner of this hotel, it is your discretion whether or not you permit checking-in of a couple.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

No such bar to give rooms to unmarried or localities,  All you took care of that no prostitution activity.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

There is restrictions in law to allow unmarried couple to occupy the hotel rooms.

There is no illegality or any law forbidding you to allow them as your hotel guests.

The police have no authority to ask you to deny entry to such guests.

They will be keen on not allowing brothel to happen in your lodge.

You can verify their genuineness and allow them inside the lodge as your paying guests.

You are into this hospitality business for this purpose only hence you should not be worried about this if your mind and thoughts are clean.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

No you cannot accommodate the unmarried couple in your hotel rooms.

There is no such restrictions that local person cannot access the hotel room.

Arihant Nahar
Advocate, Indore
132 Answers

4.8 on 5.0

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