Supreme Court Expresses 'Old-Fashioned' Views on Premarital Physical Relationships During Bail Hearing
The Supreme Court of India, in a notable hearing on Monday, described itself as "old-fashioned" while questioning how two individuals could engage in consensual physical relationships before marriage. The bench, comprising Justices B V Nagarathna and Ujjal Bhuyan, was considering the bail application of a man accused of rape based on false promises of marriage.
Court Questions Complainant's Actions and Relationship Dynamics
During the proceedings, the bench specifically questioned the complainant about her decision to travel to Dubai, where the alleged physical relationship occurred. Justice Nagarathna emphasized the court's traditional perspective, stating, "It's consensual. We may be old-fashioned but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage."
The justice further elaborated on this viewpoint, adding, "Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old-fashioned but you must be very careful, nobody should believe anybody before marriage."
Background of the Case and Allegations
The woman's legal counsel presented details indicating that the two parties initially connected through a matrimonial website in 2022. According to the complaint, the accused allegedly engaged in a physical relationship with her on multiple occasions in Delhi and subsequently in Dubai, all under the false assurance of marriage.
In response to these submissions, Justice Nagarathna remarked, "She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship."
The woman's formal complaint contains serious allegations, including:
- The man persuaded her to travel to Dubai
- He established physical relations under false pretenses of marriage
- He recorded intimate videos without her consent
- He threatened to circulate these videos
A significant development emerged when the woman discovered that the accused had married another woman in Punjab in January 2024.
Legal Proceedings and Court's Suggestions
Both the trial court and the Delhi High Court had previously rejected the man's bail plea. The High Court particularly noted that the promise of marriage appeared false from the beginning, especially considering the accused was already married and remarried in January 2024. The Supreme Court represents his latest attempt to secure bail.
During the hearing, Justice Nagarathna suggested that the accused consider providing compensation to the woman as a potential resolution to the matter. The bench also requested the woman's counsel to explore settlement possibilities. The case has been scheduled for Wednesday to assess the positions of both parties.
The Supreme Court's comments during this bail hearing have sparked discussions about evolving social norms, legal interpretations of consent, and the intersection of traditional values with contemporary relationship dynamics in Indian society.
