SHAADI HOGYI AAPKI? OYO’S NEW POLICY FOR UNMARRIED COUPLES. IS IT LEGAL?

 

SHAADI HOGYI AAPKI?

OYO’S NEW POLICY FOR UNMARRIED COUPLES. IS IT LEGAL?

Author:

Sidhant Malik, Advocate

Supreme Court of India

Mob: 7011490440

 

 

Introduction:

Hospitality Chain OYO’s has introduced new check-in regulations mandating that unmarried couples furnish valid documentation substantiating their relationship status. This policy has been initially enforced in Meerut, with plans to expand. The initiative is designed to enhance the safety and security of diverse categories of travelers while fostering longer durations of stay and increased repeat bookings.

What is the Policy?

Unmarried couples will be prohibited from checking in at OYO partner hotels unless they present valid proof of their relationship. This policy applies to both online and offline reservations. OYO has empowered its partner hotels with the discretion to approve or reject bookings based on their judgment, in accordance with local social customs.

Where is the Policy implemented?

For the time being, the policy is limited to Meerut. According to OYO, the decision to extend the guidelines to other locations will depend on the responses received from the initial rollout.

Why is this Policy introduced?

Pawas Sharma, OYO’s regional head for North India, stated that, "OYO is dedicated to maintaining safe and responsible hospitality practices. While we value individual freedom and personal liberty, we also recognize the importance of collaborating with law enforcement and civil society groups in the local markets we serve. We will continue to monitor and assess the policy and its effects over time."

OYO has received feedback from civil society groups in Meerut and residents of other cities, highlighting the delicate balance between corporate policies, cultural values, and individual rights. The petitions urging restrictions on unmarried couples staying at OYO hotels appear to reflect societal norms that disapprove of cohabitation outside of marriage. This community-driven pressure likely influenced OYO’s decision to implement a new check-in policy.

It's important to note that while hotels can refuse service for reasons such as bad behaviour or non-compliance with rules, restrictions based on marital status are not supported by Indian law. There are existing judgments by courts affirming that the rights of consenting adults to live together or book a room are protected under the Constitution, which guarantees the right to privacy.

However, companies like OYO, which operate a franchise-based model, might impose policies that align with local or partner preferences. This highlights an ongoing tension between the company's right to enforce its own rules and the protection of individual rights against discriminatory practices.

Is it Legally valid?

OYO, like any private business, has the right to establish its own policies as long as they comply with applicable laws and regulations. However, when creating such policies, the company must balance its business interests, customer needs, and compliance with local cultural and societal expectations.

In the case of restrictions on unmarried couples, OYO’s actions are likely driven by the need to maintain a good relationship with local communities, authorities, and civil society groups. While this approach may align with local norms, it can also raise concerns about individual rights, such as the right to privacy and freedom of choice, particularly for customers who may feel unfairly targeted by such policies.

Ultimately, while OYO can set its own rules, it risks alienating a segment of its customer base if these rules are perceived as discriminatory or overly restrictive. Striking a balance between respecting individual rights and addressing local concerns is crucial for OYO to maintain its reputation and ensure long-term success.