I am not agreeable to the Delhi High Court’s statement that premarital sex is immoral. If a couple of adults engage, with mutual consent, in sexual activity, what could possibly be immoral about it? Having said that, the two participants do have an equal responsibility to ensure that they take precautions if pregnancy is not intended. It is, in general, advisable to avoid promiscuity in order to avoid unsavoury consequences.
In such cases where intercourse happens with mutual consent and one party reneges on its promise to seal the relationship through marriage, rape cannot be said to have taken place. It is, however, advisable to create a law to cover such an unconventional “breach of emotional trust”. It is an individual’s choice to have sex or abstain, religion permitting. Morality doesn’t enter into the question.