Tuesday, March 23, 2010

Premarital sex or Live in relationships no offence-Supreme Court

In a slap in the face of so called moralists of the society the Supreme Court of India ruled that pre marital sex and Live in relationships constituted no offence.

“When two adults 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,” Chief Justice of India K.G. Balakrishnan, heading a three-judge bench, said, hearing petitions against Tamil actress Khusboo. The actress had said in a magazine that pre-marital sex was fine. ( I think the complainants were sore since she did not have designs on them).

Even Lord Krishna and Radha lived together according to mythology, the judges pointed out, adding no law prohibited either pre-marital sex or live-in relationships. “Please tell us what is the offence and under which section? Living together is part of right to life given in the Constitution,” the bench said.

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 Ms. 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?"

The judges said activities perceived to be immoral by sections of society could not be branded an “offence”, trying to make a distinction between the two concepts.

Ms. Khusboo had approached the apex court after the Madras High Court in 2008 dismissed her plea for quashing the criminal cases filed against her throughout Tamil Nadu.

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