Act on adultery in armed forces, says Supreme Court

In uniformed services, discipline is of paramount importance: Five-judge constitution bench

PTI   |   New Delhi   |   30.09.22  : The Supreme Court on Thursday said the armed forces must have some kind of mechanism for disciplinary proceedings against army officers for adultery as “this is a conduct that can shake up the life of officers”.

“In uniformed services, discipline is of paramount importance. This is conduct that can shake up the life of officers. Everybody is ultimately dependent on the family as a unit of society. The integrity of society is based on the faithfulness of one spouse to another.

“This (adultery) is going to shake the discipline in the armed forces. Armed forces must have some kind of assurance that they will take action. How can you cite Joseph Shine (judgement) and say it cannot be?” said a five-judge constitution bench headed by Justice K.M. Joseph.

It said the apex court’s 2018 judgment that declared the penal provision on adultery as unconstitutional cannot be cited to halt disciplinary proceedings against the guilty.

“Adultery creates pain in a family. We have held so many sessions as judges in the high courts and seen so many families are torn. We are telling you that do not treat this in a lighter manner…,” the bench observed.

The top court, on a plea filed by NRI Joseph Shine, in 2018 struck down Section 497 of the Indian Penal Code, dealing with the offence of adultery, while holding it unconstitutional.

The observations of the bench on Thursday came after additional solicitor-general Madhavi Divan, appearing for the Centre, submitted that disciplinary action was taken against certain army personnel for adultery, but the Armed Forces Tribunal had quashed proceedings in many cases citing the Joseph Shine judgment.