The Supreme Court on Tuesday came out in support of south Indian film actress Kushboo who is facing 22 criminal cases after she allegedly endorsed pre-martial sex in her interviews to various magazines in 2005.
A bench headed by Chief Justice K.G. Balakrishnan wondered what was wrong in two adult people living together. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” the bench told advocates representing some of the complainants in the case.
The bench is hearing Kushboo’s petition to quash the cases on the ground that it violates her fundamental right to freedom of speech and expression.
The court said there was no law prohibiting live-in relationship or pre-martial sex.
It referred to mythological stories and added that even Lord Krishna and Radha lived together. All the three judges of the bench were of the view that the “perceived immoral activities” as per the complainants could not be branded as offence. It brushed aside the argument that Kushboo’s comments adversely affect the minds of young people. While reserving its judgment on Kushboo’s petition the
court asked the counsel for complainants: “Please tell us what is the offence and under which section can she be charged. Living together is a right to life.”
“How does it concern you. We are not bothered. At the most it is a personal view. How is it an offence? Under which provision of the law ?”the bench asked the counsel.