The Madurai bench of the Madras High Court has told police to desist from moral policing leave consenting adults alone. Even if they are not married, staying together in a lodge is not a crime, the court has ruled.

In this case, a married couple was arrested during a raid on a lodge in Thanjavur, by personnel of the all-women police station in Thanjavur and booked under the Immoral Traffic (Prevention) Act.

The victims were a 51-year-old headmaster of a village school and his 35-year-old wife. They had gone to Thanjavur to attend a wedding and were staying in a lodge.

The headmaster is a widower and his second wife an anganwadi worker attached to the school. The two got married on May 18, 2006. They were arrested on June 18, 2006. At that time, they had no marriage certificate as they registered their wedding only on July 25 later that year.

Following the registration of the case, the two were suspended from service by local officials.

The court, however, said since both had married under Hindu customs, which does not require registration of marriage, the delay in registration was of no relevance.

‘Let them be’
Justice K Chandru, who allowed their writ petitions and quashed their suspension from service, said “even assuming they were not married, if the two individuals are consenting adults and they are found in any posture in a private lodge, it does not give authority to the police to arrest such persons without justification.”

The judge further said “the police cannot assume the duty of moral policing”.