Live-in relationship, pre-marital sex not an offence: SC

R Balaji
New Delhi, Mar 22 (PTI) In an observation that will
cheer votaries of pre-marital sex and live-in-partners, the
Indian Supreme Court Tuesday 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 Indian 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 petiton filed by noted
south Indian actress Khusboo seeking to quash 22 criminal
cases filed against her after she allegedly endorsed
pre-maritial 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 pre-marital 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.
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,"
the Bench asked while enquiring whether the complainants had
daughters. When the response was in the negative, they shot
back, "Then, how are you adversely affected ?"
Khusboo had approached the apex court after the
Madrash High Court in 2008 dismissed her plea for quashing the
criminal cases filed against her throughought Tamil Nadu. PTI