Live-in, pre-marital sex no offence: SC

NEW DELHI: There is good news for the votaries of the live-in partners. The Supreme Court on Tuesday observed that the live-in relationships between the adult couples cannot be treated 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,” said a bench comprising Chief Justice K G Balakrishnan, Justice Deepak Verma and Justice B S Chauhan.

Drawing an analogy from the Hindu mythology, the court said, even Lord Krishna and Radha lived together.
The apex court said there was no law which prohibits live-in relationship or pre-marital sex.

The bench passed the observation while reserving its judgement on a special leave petition filed by noted south Indian actress Khushboo. She had approached the apex court seeking quashing of about 22 criminal cases filed against her after she allegedly endorsed pre-marital sex in interviews to various magazines in 2005.

While hearing the case, 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 pre-marital sex would adversely affect the minds of young people leading to decay in moral values and ethos of the country.

“Please tell us what is the offence and under which section. Living together is a right to life,” remarked the court. apparently referring to Article 21 of the Constitution relating to right to life and liberty. The apex court further said the views expressed by Khushboo 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.

The apex court further asked the complainants to produce evidence to show if any girls eloped from their homes after the said interview.

“How many homes have been affected can you tell us,” court asked while enquiring whether the complainants had daughters. When the response was in the negative, they shot back, “Then, how are you adversely affected”?

Khushboo had approached the apex court after the Madrash High Court in 2008 dismissed her plea for quashing the criminal cases filed against her through out Tamil Nadu.