NEW DELHI, MARCH 23
In an observation that will cheer votaries of premarital sex and live-in-partners, the Supreme Court today opined that a man and woman living together without marriage cannot be construed as an offence.
“When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan observed.
The court said even Lord Krishna and Radha lived together according to mythology.
The apex court said there was no law which prohibits live-in relationship or pre-marital sex.
The apex court made the observation while reserving its judgement on a special leave petition filed by noted south Indian actress Khusboo seeking to quash 22 criminal cases filed against her after she allegedly endorsed premarital sex in interviews to various magazines in 2005.
The judges grilled the counsel for some of the complainants in the case and repeatedly stressed that the perceived immoral activities cannot be branded as offence.
The argument of the counsel was that her comments allegedly endorsing premarital sex would adversely affect the minds of young people leading to decay in moral values and country’s ethos.
“Please tell us what is the offence and under which section. Living together is a right to life,” the apex court said apparently referring to Article 21 which granted right to life and liberty as a Fundamental Right.
The apex court further said the views expressed by Khusboo were personal.
“How does it concern you? We are not bothered. At the most it is a personal view. How is it an offence? Under which provision of the law?” the bench asked the counsel.
