Supreme Court Says Consensual Premarital Relationship Cannot Be Treated As Proof Of Bad Character
The Supreme Court has ruled that a consensual premarital relationship between two unmarried adults cannot, by itself, be considered evidence of poor moral character.
The observation came while the court ordered the appointment of a police constable candidate in Telangana whose selection had been cancelled because of his involvement in a criminal case arising from a failed relationship.
A bench comprising Justices Manoj Misra and Manmohan restored an earlier Telangana High Court order that directed authorities to reconsider the candidate’s appointment as a Stipendiary Cadet Trainee Police Constable (SCTPC).
The case involved a complaint filed by a woman who alleged that the candidate had been in a relationship with her for several years on the promise of marriage, but later married another woman. Based on the complaint, a criminal case was registered under Sections 417, 420 and 506 of the Indian Penal Code.
However, the dispute was later settled before a Lok Adalat in 2015, and the case was compounded.
Despite the settlement, the Telangana State Level Police Recruitment Board cancelled the candidate’s selection, stating that the allegations involved moral turpitude and made him unsuitable for police service.
The Supreme Court disagreed with that conclusion.
The court noted that the candidate had honestly disclosed the criminal case in his attestation form and had not concealed any information from the authorities.
The bench observed that while employers have the right to assess a candidate’s suitability for public service, such decisions must be based on objective facts and cannot be arbitrary.
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The judges pointed out that both the candidate and the complainant were adults who had voluntarily been in a relationship for nearly four years.
A failed consensual relationship between two adults, the court said, cannot automatically be treated as proof of bad character or moral misconduct.
The Supreme Court further observed that there must be clear material showing involvement in an offence involving moral turpitude before a person can be denied public employment on that ground.
(With inputs from PTI)
