The Supreme Court on Thursday emphasized the need for the armed forces to have a system in place to discipline officers involved in adultery, stating that such conduct can severely affect both personal lives and the overall discipline within the forces.
The court pointed out that adultery causes “pain” and disrupts families, which is why it should not be treated lightly. Justice K M Joseph, while leading the bench, remarked, “In uniformed services, discipline is of utmost importance. The integrity of society depends on the faithfulness between spouses. Adultery can shake this foundation, and the armed forces must take action.”
The bench also included Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar. They were hearing a plea from the Union government, asking the court to clarify that officers in the Army could be held accountable under the Army Act for adultery, despite the 2018 Supreme Court ruling that decriminalized it.
The court made it clear that its 2018 decision, which declared adultery laws unconstitutional, does not prevent the armed forces from taking disciplinary actions. Justice Joseph expressed concern, saying, “We have seen many families torn apart due to adultery. This should not be handled lightly.”
Additional Solicitor General Madhavi Divan, representing the Centre, stated that the Army had taken action against some officers involved in adultery, but the Armed Forces Tribunal had overturned these actions, citing the 2018 SC judgment.
Justice Joseph questioned whether anything in the 2018 ruling specifically prevents disciplinary actions. Divan agreed to review the judgment, and Justice Joseph suggested that if no such limitation existed, the government should consider withdrawing its application and instead challenge individual orders from the Armed Forces Tribunal.
Justice Joseph also shared a personal experience from his time in the High Court, where a mother’s involvement in adultery caused lasting pain and resentment among her children, despite efforts from judges to mend the relationship.
In 2018, the Supreme Court had struck down Section 497 of the Indian Penal Code, which had previously criminalized adultery.
Case Title: Union Government vs Supreme Court
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