On Thursday, the Supreme Court of India said that armed forces must have a clear system to punish officers involved in adultery, as such behavior can break families and damage military discipline.
The court stressed that adultery causes pain and can’t be treated lightly, especially in uniformed services where discipline is extremely important. Justice K M Joseph, leading the bench, said that family is the foundation of society, and faithfulness between spouses is crucial. Adultery, he said, can disturb discipline within the armed forces and must be taken seriously.
The court was hearing a plea from the Union government, which asked for clarity on whether Army personnel can still face disciplinary action under the Army Act, even after the 2018 Supreme Court judgment that decriminalised adultery by striking down Section 497 of the IPC.
Justice Joseph said that the 2018 ruling, which removed criminal punishment for adultery, does not stop the military from taking disciplinary action. The court reminded the government that many families have been broken by such issues and urged them not to treat it lightly.
Additional Solicitor General Madhavi Divan, appearing for the Centre, said that some army personnel were punished for adultery, but the Armed Forces Tribunal (AFT) had reversed those punishments, referring to the 2018 ruling. Justice Joseph responded by saying there’s nothing in that judgment that prevents action under military laws and suggested the government withdraw the plea and challenge individual AFT orders instead.
Justice Joseph also shared a past incident from his High Court days, where a mother’s adultery led her children to refuse to speak to her, showing the deep emotional damage it can cause.
In 2018, the Supreme Court struck down Section 497 of the IPC, making adultery no longer a criminal offense. However, the court clarified that this does not stop internal disciplinary action in institutions like the military.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
