Armed Forces Need Mechanism to Discipline Officers for Adultery: Supreme Court
The Supreme Court of India emphasized on Thursday that the armed forces must have a system to discipline officers involved in adultery. The court stated that adultery can disrupt the personal lives of officers and negatively impact their families, which could, in turn, affect their professional discipline.
The court highlighted that adultery causes emotional distress and family breakdowns, making it a serious issue.
“In uniformed services, discipline is critical. Families are the foundation of society, and their integrity depends on the loyalty between spouses. Adultery has the potential to disrupt discipline within the armed forces. The forces need a system to address such misconduct,” said Justice K.M. Joseph.
The bench, which also included Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar, was hearing a plea from the Union government. The government sought clarification on whether Army personnel could face disciplinary action under the Army Act for adultery, despite the Supreme Court’s 2018 ruling decriminalizing it.
The bench observed that the 2018 judgment declaring adultery as unconstitutional should not stop disciplinary proceedings in the armed forces. “Adultery tears families apart and causes immense pain. It should not be taken lightly,” the bench remarked.
Additional Solicitor General Madhavi Divan, representing the Centre, informed the court that disciplinary actions against some Army personnel for adultery had been overturned by the Armed Forces Tribunal, citing the 2018 judgment.
Justice Joseph asked if anything in the 2018 judgment prevented such actions. Divan replied that she would review the judgment further. Justice Joseph suggested that if the judgment does not explicitly prohibit action, the application seeking clarification might be unnecessary. He advised the Centre to challenge specific Armed Forces Tribunal orders instead.
Recalling an incident, Justice Joseph spoke about a case where children refused to talk to their mother after discovering her involvement in adultery, illustrating the emotional toll such incidents can take on families.
In 2018, the Supreme Court had struck down Section 497 of the Indian Penal Code (IPC), which criminalized adultery, deeming it unconstitutional.
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