Adults willingly having sex outside marriage is not an offence under the law, the Rajasthan High Court recently held Yadram and Ors v State of Rajasthan and Ors.]
The Rajasthan High Court recently ruled that adults engaging in consensual sexual relations outside marriage do not commit a statutory offence, except for adultery, which has been deemed unconstitutional since 2018. Justice Birendra Kumar emphasized the importance of constitutional morality over societal norms, highlighting that engaging in consensual relationships outside marriage is not a legal offence unless adultery is involved. The court dismissed a plea where the applicant argued that such actions should be punishable under Sections 494 and 497 of the Indian Penal Code, stating that these sections apply only if there is proof of remarriage during the lifetime of a spouse, not just a live-in relationship. The judgment underscores the significance of privacy rights and the distinction between societal and constitutional morality in legal matters regarding personal liberty and relationships outside the marital setting.
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