Consensual relationship between unmarried adults not grounds to question character: Supreme Court

The Supreme Court of India has ruled that a physical relationship between two consenting unmarried adults cannot, by itself, be treated as a basis to question a person’s character or moral conduct.

A bench comprising Justices Manmohan and Manoj Misra made the observation while directing the Telangana State Level Police Recruitment Board to reconsider the appointment of a candidate whose selection as a police constable had been cancelled over allegations linked to a past romantic relationship.

The case stemmed from a complaint of rape on the promise of marriage filed in 2014 arising out of a relationship between the candidate and his neighbour. However, the matter was later settled and compounded before a Lok Adalat in 2015, and no charges under Section 376 of the IPC were pursued further.

The court noted that the relationship between the two individuals lasted several years and stressed that not every relationship necessarily leads to marriage. It added that failure of a relationship cannot automatically be interpreted as deception or cheating.

The bench further observed that in the absence of proven charges in a court of law, there remains a presumption of innocence in criminal jurisprudence. It also stated that there was no evidence to suggest coercion or forced settlement in the case.

The court clarified that unless deception is clearly established, authorities cannot assume misconduct or moral turpitude solely on the basis of a failed consensual relationship. It added that such private matters cannot be judged through public inference without legal proof.

Allowing the appeal, the Supreme Court upheld a Telangana High Court order directing reconsideration of the candidate’s appointment to the post of police constable.