No illegality in live-in relationship between majors: SC

March 24, 2010

TNN, Mar 24, 2010, 03.09am IST

NEW DELHI: A much-publicised statement of south Indian film actress Khusboo on

pre-marital sex, virginity and live-in relationships came for some favourable

comments from the Supreme Court, which said there was nothing illegal in live-in

relationships between adults.

When Khusboo's counsel Pinky Anand read out a portion of her interview to a

fortnightly magazine whose translated version in a Tamil newspaper created

pandemonium and led to filing of 23 complaint cases against her all over the

country, the court wanted to know from the complainants as to what was so

abhorrent in her view.

When they argued that it was virtually inducing others to commit an illegality,

a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and

B S Chauhan shot back saying in that case they should also sue the apex court,

which has held live-in relationship between adults as legal.

Referring to the development of law with the dynamics of social behaviour, the

Bench also referred to the recent judgment of Delhi High Court legalising

consensual sexual relation between adults falling in the category of lesbian,

gay, bi-sexual and transgender (LGBT) group. After a day-long hearing, the Bench

reserved its verdict on Khusboo's appeal.

With the actress sitting in the front row and appearing to be immersed in the

interesting arguments and exchange of views, her counsel Anand said her client's

comments in 2005 to a news magazine was in response to a survey on pre-marital

sex in big cities in India and was a bonafide opinion.

The Madras High Court, reflecting on the hue and cry raised in Tamil Nadu over

the controversial comments, had refused to stay the proceedings in trial courts

in the 23 complaint cases.

Terming the complaints as " false, frivolous and malafide " , Anand said her

client's fundamental rights of freedom of speech and expression could not be

curtailed by persons with vested interest, who had systematically unleashed a

series of complaints against her.

Khusboo said her comments to the news magazine was distorted by the local media

in Tamil Nadu and published in a manner making it appear provocative and

misleading.

" The petitioner understands and believes that the issue has been twisted by

persons having inimical feelings towards her as a measure to meet their selfish

and vested motives, " she alleged.

etween-majors-SC/articleshow/5717028.cms

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