A carnal relationship before marriage is not a ‘stain’ on the character; Important observation of the bench regarding unmarried adults

New Delhi : That a consensual physical relationship between two unmarried adults cannot be a ground for forming a bad opinion of the character of the persons involved in that relationship. Supreme Courthas said in a judgment. A bench of Justices Manmohan and Manoj Mishra made this observation.

The bench made this observation while directing the Telangana State Police Recruitment Board to appoint a candidate who was rejected for the post of police constable due to his involvement in a criminal case related to a love affair. The bench said that a consensual physical relationship between two unmarried adults cannot and should not be a reason to form an adverse opinion about the character of the persons involved in that relationship. There is no law that prohibits two unmarried adults from having a consensual relationship of their choice.

What is the whole matter?

The court allowed the candidate’s appeal and upheld the order of a judge of the Telangana High Court, which had directed a reconsideration of his appointment to the post of Stipendiary Cadet Trainee Police Constable. The Telangana State Level Police Recruitment Board had canceled his appointment in 2014 on the grounds that the marital rape case filed against him showed moral turpitude. The case related to a relationship with a neighbor and was settled in the Lok Adalat in 2015 after a compromise between the two parties.

Not every relationship ends in marriage

Referring to this case, the Supreme Court noted that the appellant and the victim were neighbors and had been in a relationship for about four years. The bench said, not every relationship ends in marriage. Therefore, just because the relationship did not convert into marriage, there is no basis for holding that one party has cheated on the other.

The bench also held that if the case was one of coercion or threat to compel compromise, the respondent would have been justified in determining the appellant’s eligibility for appointment to the disciplinary force. However, there is no evidence here to conclude that the victim was coerced. The Supreme Court said that in criminal jurisprudence, the presumption of innocence remains until the charge is proved in a court of law.

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