Live-ins taboo no more, laws need to evolve too, says SC
AmitAnand Choudhary
New Delhi:
`Exposing A Public Figure Over It Not A Crime'
Emphasizing that law should evolve according to changing times, the Supreme Court on Thursday said that live-in relationships, which were earlier seen as taboo, have now become an acceptable norm in society and is not considered prohibited.
Over the years, the SC has recognized live-in relationships and recently held that if a man and woman “lived like husband and wife“ for a long period and had children, then the judiciary would presume that the two were married and the woman would be eligible to inherit the property after death of her partner.
A bench of Justice Dipak Misra and Justice Prafulla C Pant passed the remarks after AG Mukul Rohatgi, while justifying retention of penal provision for defamation, said reputation of a public figure in a live-in relationship may be tarnished if someone exposes the relation, which is a very private affair.
“Live-in relationship has become an acceptable norm in modern times and it is not a crime. But if a public figure has indulged in such relationship then exposing it is not wrong,“ the bench said.
“If some person makes al legation against a public figure that he is in a live-in relationship, then is it not a case in public interest?“ the bench asked the AG.
Rohatgi, however, replied that a public figure can be put under scrutiny for discharge of his public functions and no one should be allowed to look into his private affairs.
Interestingly, the AG had on Wednesday told another bench, which is hearing Aadhaar case, that citizens did not have fundamental right to privacy in view of 1954 judgment of the Supreme Court.
