New Delhi: In an observation that will cheer votaries of pre-marital sex and live-in-partners, the Supreme Court on 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 Chief Justice KG Balakrishnan, Deepak Verma and BS 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.
Courtesy: IBN Live.
India is the Know country for Culture, and one to one relationship. Even our Bible, Kuran, bhagavat Gita teaches the same thing. The verdict is nonsense and giving wrong signal to youth. Moreover, it spoils the thinking of marriage, since he gets sex before marriage openly.
I think Mr.Johnson’s view point is not right, He is not thinking all possibilities.
I think this rule will reduce Rape and other sexual crimes in India.
I think Mr.Johnson’s view point is not right, He is not thinking all possibilities.
I think this rule will reduce Rape and other sexual crimes in India.
Pre-marital sex in India is not a new matter in India. From centuries back it was there. But, it was a secret matter of those couples! Else, India would been an orphan free nation! Most of the people do it secretly and very rare people show the guts to live like that in front of the society!
Now only Supreme court opened its eyes and taking examples from the mythologies of Hindu Puranas for a support!! In my personnel opinion, it will create a situation of formulating more orphans in the society.
It is only a private opinion. There may be mistakes.
We are discussing about that new law in India not peoples secret matters and guts.
Ms.Anumol is right and Mr.Vikram also!
My opinion is everything having its own advantage and disadvantages
for example : Atomic Energy.!!
Sorry, but I can’t agree with you. I do not like that approach. But it’s a beneficial begin. Possibly with some further information’s I may be capable of know it superior?
New trend in India
Research is going on !!!!
Wedding INVESTMENT: [Average 30 yrs] =
Rs.20,00,000 Marriage expenses +
Rs.30,000 Monthly expenditure +
Rs.3,000 Wife’s monthly maintainence
RETURNS:<SEX]
First 5 yrs Weekly 3 Times.
Next 5 yrs Weekly 1 Time.
Next 10 yrs Once in 15 days.
Next 10 yrs Once in a month.
Meaning-
1400 times sex in 30 yrs for an estimated expenditure of a whooping 1,78,40,000. +
Opportunity cost on
20,00,000 spent on wedding at 7% for 30 yrs as per current Post-tax FIxed Deposit Interest rate
2,98,48,915.68
= 4,77,88,915.68
COST
A Man spends Rs.34,135 for each time he has sex wid his wife!
Outsourcing is cheaper.
Mr Indian is Right… But the verdict is wrong in a sense but is right in another sense… Any Way AIDS Control Will remain a great task……..It`s not misleading ….I don`t think that a lot of people will muster enough courage for this……….
I Am 100% agree with the Supreme Court judgement .
And Also Thankful To Mr.India For His Nice Statistic About the Wedding INVESTMENT ……
When we do not make pre marital sex an offence, then how could it reduce rape? Think..think.. It will encourage them more and more to have pre marital sex thinking its not an offence. We can change our culture but what happens when it is being misused? What about the concept of virginity ? Its just ma personal opinion.