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- In September 2018, the SC scrapped adultery as a criminal offence, ruling that the 19th century law that “treats a husband as the master”, was unconstitutional.
WHAT IS THE MATTER
- The Army is unhappy with the 2018 Supreme Court (SC) verdict scrapping adultery as a criminal offence.
- It is likely to approach the apex court to exclude the defence forces from the ambit of the judgment.
- The army has also raised the issue with the Ministry of Defence (MoD).
- In the military, the offence of stealing the affections of brother officer’s wife – a euphemism for adultery – is a serious offence that is a notch below “cowardice” , which is punishable with even death.
- The punishment for “stealing the affection of a brother officer’s wife” derives its power from section 497.
SO WHY THE ARMY MEN ARE WORRIED?
- Scrapping of [section] 497 therefore has thrown up a difficult situation.
- Officers and men stay away from families for months and are looked after by others.
- Hence there has to be some deterrence to deal with deviant behavior.
RECENT CASE
- Proceedings were initiated by the army in March 2016 against a colonel serving in Jammu and Kashmir.
- In August 2019, the SC quashed General Court Marshal (GCM) proceedings that found a colonel guilty of adultery.
REASONS TO RETAIN ADULTERY AS AN OFFENCE IN ARMY
- The military isn’t like any other service.
- For instance, some fundamental rights enshrined in the Constitution doesn’t apply to army.
- Like, men in uniform can’t join a political party when in service, cannot form unions and there are curbs on freedom of speech.
- Similarly, the scrapping of section 497 shouldn’t apply to the military.
ARGUMENT AGAINST
- Adultery as a criminal offence has been scrapped.
- But the military still has several methods to punish people for deviant behavior.
- Like 2 provisions of the Army Act – “conduct unbecoming of an officer” and conduct that disturbed “good order and military discipline”.
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