Decriminalisation of adultery doesn’t apply on armed forces: SC

“It is not as if this court approved of adultery. This court held that it is a civil wrong and will continue to be a ground for securing dissolution of marriage,” the bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar, said.

“In view of the fact that the scheme of the Acts in the context particularly of Article 33 of the Constitution did not fall for the consideration of this court, we are of the clear view that we must observe and clarify that the judgment of this court was not at all concerned with the effect and operation of the relevant provisions in the Acts which have been placed before us by applicants,” the bench said.

“In others words, this court was neither called upon nor has it ventured to pronounce on the effect of sections 45 and 63 of the Army Act as also the corresponding provisions in other Acts. We only make this position clear and dispose of the application,” the court added.

The court was hearing an application by the Centre seeking a clarification on the 1998 ruling.

The government submitted that the forces were unable to proceed against those accused of unbecoming conduct as those who were being proceeded against were citing the 1998 judgment striking down Section 497.

Appearing for the Centre, Additional Solicitor General Madhavi Diwan said the members of armed forces are a class apart. She contended that the 1998 judgment was not in the context of a workplace setting in which armed forces operate. Pointing out that armed forces constitute a unique workplace, she said discipline would be eroded if personnel and officers can’t be acted against in case of such conduct.

This will ultimately result in a situation where it would breed gross indiscipline and forces which are to always act as one and exist with a sense of brotherhood will break down. She added that such a situation was never in the contemplation of the court when it struck down the provision on the ground that it offended Articles 14, 15 and 21.