Consensual Adult Relationships Cannot Be Used To Judge Character: SC

The court expanded the discussion beyond the facts of the individual case and addressed broader concerns about how consensual relationships are viewed in society and by public authorities.

The bench underlined that adults should not face penalties or discrimination solely because a consensual relationship ended unsuccessfully.

Source : PTI

Can a consensual relationship between two unmarried adults be treated as a reflection of someone's character? Does a relationship that ultimately ends without marriage amount to deception? The Supreme Court has answered both questions in the negative, delivering a significant ruling on personal liberty and social perceptions.

In a recent judgment, the apex court observed that a consensual physical relationship between two unmarried adults cannot, by itself, be considered evidence of poor character. The court also cautioned against automatically assuming wrongdoing simply because a relationship does not culminate in marriage.

What Did The SC Bench Say On Pre-Marital Sex?

A bench comprising Justices Manmohan and Manoj Misra noted that Indian law does not prohibit two consenting unmarried adults from entering into a relationship of their choice. The judges stressed that personal relationships between adults should not become grounds for adverse conclusions about an individual's morality or suitability.

The observations came during the hearing of a case involving Gajula Thirupathi, a police constable recruit from Telangana whose appointment was cancelled because of a criminal case linked to a past relationship with a neighbour.

While examining the dispute, the court expanded the discussion beyond the facts of the individual case and addressed broader concerns about how consensual relationships are viewed in society and by public authorities.

The bench underlined that adults should not face penalties or discrimination solely because a consensual relationship ended unsuccessfully. The judgment reinforces the principle that personal choices made by consenting adults deserve legal protection and should not be viewed through the lens of social stigma.

The ruling is likely to have implications for recruitment decisions and other cases where an individual's private relationships are cited as a basis for questioning their character or integrity.