Exclusive: Justice K T Thomas welcomes Madras High Court judgment on pre-marital sex

The Madras High Court judgment on pre-marital sex and marriage was much criticised by the social media and jurists across the country. The Madras High Court had to issue a clarification owing to the same.

Justice Karnan in a clarificatory order, which will be part of the judgment said, “This Court's order does not in any way run against any religion and is not intended to wound any Indian. The order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities. This Court has given the legal relief to the affected woman. Without fully understanding the Court's judgment, adverse comments shall not be passed."

Eminent Jurist and former Supreme Court Judge, Justice K T Thomas spoke to Live Law about the judgment and he seems to take a different view.

Justice Thomas said, “Marriage rituals are either created by the society or custom or a religion. Without proof of the ritual of marriage, if there is proof that the man and woman lived as husband and wife  for a reasonably good period, and neither of them has any legal disability to enter into a marriage alliance, and if children are born to them, those children must be treated as legitimate children of a legal wedlock.”

Justice Thomas further added, “The primary philosophy of Indian Constitution is safe guarding the dignity of an individual. Dignity of an Individual is of great importance. Dignity involves the children’s identity and their legitimacy. Also we need to ensure that these children should become worthy citizens of this Republic. The taboo attached to illegitimate children should not haunt them at any stage. To that extent the Madras High Court Judgment is welcome.”