Armed forces can take action against officers who commit adultery: Supreme Court
The bench, including justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar, issued the order after Additional Solicitor General Madhavi Divan, appearing for the Centre, submitted a plea seeking clarification of the 2018 ruling.
FollowThe Supreme Court on Tuesday ruled that armed forces can take action against their officers for adultery acts, clarifying a landmark 2018 decision that decriminalised adultery. A five-judge Constitution bench led by Justice K M Joseph said that its 2018 decision was unrelated to the provisions of the armed forces acts.
On a petition filed by NRI Joseph Shine, the Supreme Court ruled in 2018 that Section 497 of the Indian Penal Code dealing with the crime of adultery was unconstitutional.
The bench, including justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar, issued the order on Tuesday after Additional Solicitor General Madhavi Divan, appearing for the Centre, filed a plea seeking clarification of the 2018 judgement.
The Ministry of Defence (MoD) moved to the Supreme Court for an exemption for the armed forces from September 27, 2018, decision outlawing adultery, claiming that it would hinder action against officers who engage in such behaviour and cause 'instability' within the services.
"Given the 2018 ruling, there will always be apprehension in the minds of army personnel operating far from their families under challenging circumstances about the family engaging in untoward activities," the application read.Â
(With inputs from PTI)
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