What is wrong in unmarried man having multiple sexual relationships: Kerala HC

In a widely discussed courtroom observation, the Kerala High Court on Wednesday questioned whether an unmarried man’s sexual conduct with multiple consenting adults should influence his chances of obtaining bail in a rape case.

The remarks came during the hearing of Palakkad MLA Rahul Mamkootathil’s anticipatory bail plea in a serious offence involving allegations of rape, coerced termination of pregnancy and related charges registered at Nemom Police Station. The bench, led by Justice Kauser Edappagath, reserved its decision after probing the prosecution’s arguments opposing bail.

History Of Sexual Relationships

While the prosecution argued that the accused’s history of sexual relationships with several women demonstrated a pattern of intimidation and similar offences, the Court pushed back, asking: “Even a consensual relationship with a married spouse is permitted under law — then what is wrong in an unmarried man having consensual sexual relationships with many persons? What is wrong, and because of that, how can bail be rejected?”

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The bench emphasised that what matters legally is whether the specific act in question was consensual or non-consensual, rather than the number of relationships the accused has had.

Consensual Relations

The judge noted that the complainant’s own statement suggested that she continued to stay with the MLA and engaged in consensual relations even after the alleged incident — a point the Court said should shape how the First Information Statement (FIS) is interpreted from start to finish.

Legal experts say the Court’s observation underscores a significant legal distinction between private consensual conduct (which is lawful) and offences involving lack of consent, coercion, force or threats (which are criminal) — a distinction that is central to bail and trial proceedings. 

Mr. Mamkootathil, who was expelled from the Congress party last year amid the controversy, has faced multiple FIRs in separate sexual assault matters, and has received interim protection from arrest in at least one of them.