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Well, honestly, I have never thought that I would be able to make a thread title as this, but I must admit I don't have another choice.
Now, if the RCC could be just as enlightned, it would be good.
Live-in, pre-marital sex not an offence, observes court
Reserves judgment on actor Kushboo's petition
New Delhi: The Supreme Court on Tuesday opined that a man and a woman living together without getting married could not 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,” observed a Bench of Chief Justice K.G. Balakrishnan and Justices Deepak Verma and B.S. Chauhan.
The court said even Lord Krishna and Radha lived together according to mythology.
The Bench said there was no law which prohibited a live-in relationship or pre-marital sex.
The court was reserving judgment on a special leave petition filed by actor Kushboo seeking to quash 22 criminal cases filed against her after she allegedly endorsed pre-marital sex in interviews to various magazines in 2005.
The judges grilled counsel for some of the complainants and repeatedly stressed that the perceived immoral activities could not be branded an offence.
Counsel argued that her comments 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 court said, apparently referring to Article 21 which grants right to life and liberty as a Fundamental Right.
The Bench further said the views expressed by Kushboo 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 court asked the complainants to produce evidence to show if any girl eloped from her home 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?”
Kushboo approached the Supreme Court after the Madras High Court in 2008 dismissed her plea for quashing the criminal cases filed against her throughout Tamil Nadu. — PTI
Reserves judgment on actor Kushboo's petition
New Delhi: The Supreme Court on Tuesday opined that a man and a woman living together without getting married could not 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,” observed a Bench of Chief Justice K.G. Balakrishnan and Justices Deepak Verma and B.S. Chauhan.
The court said even Lord Krishna and Radha lived together according to mythology.
The Bench said there was no law which prohibited a live-in relationship or pre-marital sex.
The court was reserving judgment on a special leave petition filed by actor Kushboo seeking to quash 22 criminal cases filed against her after she allegedly endorsed pre-marital sex in interviews to various magazines in 2005.
The judges grilled counsel for some of the complainants and repeatedly stressed that the perceived immoral activities could not be branded an offence.
Counsel argued that her comments 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 court said, apparently referring to Article 21 which grants right to life and liberty as a Fundamental Right.
The Bench further said the views expressed by Kushboo 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 court asked the complainants to produce evidence to show if any girl eloped from her home 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?”
Kushboo approached the Supreme Court after the Madras High Court in 2008 dismissed her plea for quashing the criminal cases filed against her throughout Tamil Nadu. — PTI
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