Premarital Sex Cannot Be Treated as Moral Turpitude: Supreme Court Orders Appointment of Police Recruit
NEW DELHI: The Supreme Court of India has ruled that consensual premarital sexual relations between two adults cannot be treated as “moral turpitude” or used as a ground to question a person’s character or deny employment in public service.
NEW DELHI: The Supreme Court of India has ruled that consensual premarital sexual relations between two adults cannot be treated as “moral turpitude” or used as a ground to question a person’s character or deny employment in public service.
A bench of Supreme Court of India comprising Justice Manoj Misra and Justice Manmohan delivered the verdict while hearing a case involving a young candidate selected for recruitment in the Telangana police force. The candidate had been denied appointment after authorities objected to his past physical relationship with a woman.
According to the case details, the woman involved had initially filed a complaint against the candidate but later entered into a compromise settlement. Despite the resolution of the dispute, the recruitment authorities proceeded to withhold his appointment, citing concerns over his conduct and character.
The court strongly disapproved of this reasoning and observed that consensual relationships between unmarried adults are increasingly common in contemporary society and cannot, by themselves, be viewed through a moral lens that impacts professional suitability.
The bench held that a consensual physical relationship between two adults “cannot and should not, by itself, be a ground to draw an adverse impression about the character of a person.” It further emphasized that public authorities must adopt a more sensitive and realistic approach while evaluating such personal matters during recruitment processes.
Setting aside the adverse decision, the Supreme Court directed the Telangana Police to issue an appointment to the petitioner and complete his recruitment process.
The ruling is being seen as a significant reaffirmation of individual privacy and personal autonomy, particularly in the context of employment in disciplined forces, and reinforces that moral judgments unrelated to job performance cannot be used to deny public employment.
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