Consensual Relationship Law India: What important comment did the Supreme Court make regarding consensual relationships between two unmarried adults? Why was the appointment of the candidate stopped in the Telangana Police Recruitment case and what decision did the court give? What was the reasoning of the Supreme Court behind the comment ‘Not every relationship changes in marriage’?
Sex Before Marriage: Many types of assumptions are often made in the society regarding relationships and personal life. But can a consensual relationship between two adults be a measure of a person’s character? Making an important comment on this question, the Supreme Court has clarified that consensual physical relations between two unmarried adults cannot be considered as evidence of a person’s bad character. The Supreme Court made this observation while hearing a case related to Telangana Police constable recruitment, where the appointment of a candidate was stopped on the basis of an old criminal case.
What was the whole matter?
The case pertains to a candidate who was selected for the post of police constable. However, the Telangana State Level Police Recruitment Board did not approve his appointment. The recruitment board’s argument was that a case was registered against the candidate in 2014 for having physical relations with the promise of marriage and later rape. On this basis, questions were raised on the character of the candidate and his appointment was stopped. However, later a settlement was reached between the two parties and the matter was settled in Lok Adalat.
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What did the Supreme Court say?
A bench of Justice Manmohan and Justice Manoj Mishra said that consensual physical relations between two unmarried adults cannot in itself be considered a ground for bad character. The court clarified that there is no provision in Indian law that prevents two adults from having a relationship of their own free will. The bench said there should be a clear distinction between the personal life of a person and the assessment of his character.
“Not every relationship turns into marriage.”
During the hearing, the court made an important comment saying that the end result of every relationship is not marriage. The court said that if a relationship does not end in marriage, then on this basis alone it cannot be assumed that one of the parties has cheated the other or has a bad character. According to the court, it would not be appropriate to assess a person’s character based on results alone without understanding the complexities of relationships.
High Court’s decision also got confirmation
The candidate had approached the Supreme Court against the cancellation of his appointment. Allowing his appeal, the Supreme Court upheld the order of a single judge of the Telangana High Court, which had directed the recruitment board to reconsider the appointment of the candidate. After this decision, the concerned recruitment board will have to review the candidate’s case again.
What will be the impact on recruitment process and character verification?
Legal experts believe that this decision can become an important precedent for cases related to character verification in government jobs in future. The court has indicated that it would not be appropriate to deny a candidate a job on the basis of mere allegations or personal relationships, especially when the case has been legally settled and conviction has not been established.
Why is this decision important?
This decision is not limited to the job of just one candidate. It also brings out the judiciary’s viewpoint on sensitive issues such as individual liberty, adult choice and character evaluation. This comment of the Supreme Court is considered important in those cases where a person’s personal life is linked to his professional opportunities.
The Supreme Court has made it clear in its decision that a consensual relationship between two adults cannot be considered as evidence of bad character. This approach of the court is being considered an important step towards protecting individual freedom and constitutional values. In times to come, this judgment may become an important legal reference in recruitment processes and other such matters.
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