The Supreme Court of India has ruled that pre-marital physical relationships between consenting adults cannot be used as evidence of questionable character. The court emphasized that such relationships are common in contemporary society and are not prohibited by law.
The judgment came in response to a case where a police constable candidate's selection was cancelled due to his involvement in a criminal case arising from a failed romantic relationship. The court restored the candidate's appointment, stating that the recruitment board's reasoning was 'without any basis'.
The bench observed that authorities assessing a candidate's suitability must be sensitive to changing social realities. It noted that where two adults voluntarily remain in a relationship for several years, the mere fact that the relationship ultimately does not culminate in marriage cannot justify branding one party as a person of questionable character.
The court also underlined that employers are entitled to examine criminal antecedents, but such a decision must be based on objective material showing both that an offence was committed and that there exists credible material linking the candidate to the offence.
