The Supreme Court has ruled that a consensual premarital relationship between two unmarried adults cannot by itself be treated as moral turpitude or used to draw adverse conclusions about a person's character. Setting aside decisions taken by the Telangana government and upheld by the Telangana High Court, the court allowed the recruitment of a police aspirant whose selection had been cancelled over a past criminal case linked to a relationship with a woman, a TOI report stated.SC overturns rejection of police candidateA bench of Justices Manoj Misra and Manmohan heard the case of a man whose provisional selection to the police force was cancelled after authorities cited his involvement in a criminal case arising from a relationship with a woman. The woman had later filed a complaint against him, but the dispute was subsequently settled through a compromise in a Lok Adalat.The Telangana government maintained that the candidate was involved in an offence involving moral turpitude and was therefore not fit for appointment to the police force. The Telangana High Court also upheld the government's decision, observing that the compromise did not amount to a clean acquittal.The Supreme Court disagreed with both findings and quashed the government's decision, opening the door for the candidate's appointment.Court cites changing social realitiesWhile examining the case, the bench said authorities must be aware of changing social realities and should not initiate punitive action merely because an individual was involved in a consensual premarital relationship.“Besides, authorities would have to be sensitive to the changing times in the context of premarital relationships. Such premarital relationships are common today. Moreover, a physical relationship between two consenting unmarried adults cannot and should not by itself be a ground to draw an adverse impression about the character of the person in that relationship. There is no law which prohibits two consenting unmarried adults from having a relationship of their choice...”The court noted that the woman herself chose not to enter the witness box and did not pursue the allegations against the man.Consent remains a key factor, says benchThe Supreme Court also referred to earlier cases involving long-term relationships where criminal proceedings were later quashed after courts found that the relationship was based on valid consent.According to the court, where a relationship continues for a considerable period, there can be a presumption that consent existed, particularly in cases where allegations are later made that the relationship was based on a false promise of marriage.Candidate had disclosed case detailsThe bench noted that the petitioner had not concealed any information from authorities. He had disclosed that a criminal case had been registered against him and had also informed them that the matter had been settled amicably in a Lok Adalat.The petitioner stated that he had been in a consensual relationship that did not result in marriage and that the complaint was filed after he married another woman.Supreme Court rejects state's argumentThe Telangana government argued that police services require a high standard of discipline and integrity and that even a slight doubt regarding a candidate's character could justify denial of appointment.The Supreme Court, however, rejected that argument in the circumstances of the case.“Whether the prosecutrix was deceived into entering a relationship, the prosecutrix alone could have disclosed. The public at large cannot tell whether she was deceived by the appellant. In such circumstances, when the prosecutrix chose not to pursue and had led no evidence, rather had expressed her consent to compound the case, there was no occasion for the respondents (state and others) to read between the lines and draw an adverse inference regarding the character of the appellant.”The court concluded that the authorities had no basis to infer misconduct from the settled case and held that the man's past consensual relationship could not be used to deny him recruitment to the police force.
Premarital sex is common today, can't be used to judge a person's character: SC
The Supreme Court has ruled that consensual premarital relationships between adults do not constitute moral turpitude. Overturning a Telangana government decision, the court allowed a police aspirant's recruitment, stating such relationships are common and shouldn't negatively impact character assessment. The bench emphasized sensitivity to changing social norms.







