Supreme Court: Consenting Unmarried Adults' Physical Relationship Not Reflective of Poor Character

The Supreme Court of India has ruled that a physical relationship between consenting unmarried adults cannot be used to draw adverse inferences about a person's character. This decision came as the court directed the Telangana State Level Police Recruitment Board to reconsider the appointment of a candidate whose selection as a police constable was cancelled due to his involvement in a criminal case stemming from a failed romantic relationship.

The case originated from a relationship with a neighbour that lasted about four years and ended in a criminal complaint of rape on the promise of marriage in 2014. However, the case was later compounded before a Lok Adalat in 2015 after both parties reached a settlement, with no charge under Section 376 IPC (rape) ever pressed.

The Supreme Court bench, comprising Justices Manmohan and Manoj Misra, observed that there is no law prohibiting consenting unmarried adults from having a relationship of their choice. The court emphasized that not every relationship culminates in marriage and that the failure to do so does not imply deception or cheating, especially in the absence of force or threat. The ruling highlighted the presumption of innocence unless a charge is proven in a court of law, noting that the complainant's decision not to pursue the case and her consent to compound it meant there was no basis for adverse character inferences against the applicant.

The decision upholds a previous order by the Telangana High Court directing the reconsideration of the candidate's appointment. The ruling has implications for how personal relationships are evaluated in the context of professional appointments, particularly in disciplined forces, emphasizing the distinction between personal life and professional suitability.