Consensual adult relationships not a test of character, rules Supreme Court
Babushahi Bureau
New Delhi, June 9, 2026: In a significant judgment, the Supreme Court of India has held that a consensual sexual relationship between two unmarried adults cannot, by itself, be used to form an adverse opinion about a person’s character.
A bench comprising Justice Manmohan and Justice Manoj Mishra made the observation while directing the Telangana State Police Recruitment Board to appoint a candidate whose selection as a police constable had been cancelled due to his involvement in a criminal case stemming from a failed relationship.
The court observed that there is no law preventing two consenting unmarried adults from entering into a relationship of their choice and that such a relationship cannot be treated as evidence of poor moral character.
The case involved a candidate whose appointment to the post of Stipendiary Cadet Trainee Police Constable was rejected after authorities cited a 2014 case alleging rape on the pretext of marriage. The case arose from a relationship with a neighbour and was later scrutinised during the recruitment process.
Allowing the candidate’s appeal, the apex court upheld an earlier order of the Telangana High Court that had directed authorities to reconsider his appointment. The court rejected the view that the allegations, arising from a consensual relationship, automatically amounted to moral turpitude warranting disqualification from public service.
The ruling is being seen as an important clarification on personal relationships, individual autonomy and the standards used to assess a candidate’s suitability for government employment.