SC: Consensual Premarital Relationship Not a Bar to Police Job

SC: Consensual Premarital Relationship Not a Bar to Police Job

In Gajula Thirupathi v. Telangana State Level Police Recruitment Board, the Supreme Court held that a consensual premarital relationship between two unmarried adults cannot, by itself, be treated as evidence of poor moral character or moral turpitude. The case concerned a police constable candidate whose appointment was denied because he had previously faced a criminal case arising from a failed romantic relationship based on an alleged promise of marriage. The Court noted that the candidate had truthfully disclosed the criminal case in his attestation form and that the dispute had been amicably settled before a Lok Adalat. Rejecting the Recruitment Board’s reasoning, the Court clarified that a compromise does not amount to an admission of guilt and that not every failed relationship constitutes cheating or moral misconduct. Recognising changing social realities, the Court observed that consensual premarital relationships are not prohibited by law and are protected by personal liberty and autonomy under Article 21. It held that moral turpitude cannot be presumed without objective evidence of dishonest or depraved conduct. Accordingly, the Court set aside the cancellation of candidature and directed reconsideration of the appellant’s appointment.