No illegality in live-in relationship: SC

24 March, 2010

A statement of south Indian film actress Khusboo on pre-marital sex, virginity and live-in relationships, which had attracted wide criticism some time ago, came for some favourable comments from the Supreme Court, which said there was nothing illegal in live-in relationships between adults.

The argument of the counsel for the complainants was that Khushboo’s comments would adversely affect the minds of young people and lead to a decay in moral values and the country’s ethos.

Some of the observations made by the three-judge bench of chief justice KG Balakrishnan, justice Deepak Verma, and justice BS Chauhan on Tuesday, as reported in some online newspapers, are as under:-

“Living together is a [part of] right to life… when two adults want to live together, it is not an offence. It cannot be.”

“Please tell us what the offence is and which section of law applies."

The bench held that 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?” the bench asked the counsel.

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

The apex court was approached by Khushboo after the Madras high court dismissed her plea for quashing the criminal cases filed against her throughout Tamil Nadu in 2008.