'Action Can Be Taken Against Personnel For Adultery': SC Clarifies 2018 Order Excluded Armed Forces Act

The Supreme Court has said that its 2018 judgment that struck down IPC Section 497 excluded Armed Forces Act and the armed forces can take action against officers indulging in adultery.

The Supreme Court on Tuesday ruled that the country's armed forces can take disciplinary action against its officers who engage in adultery. A five-judge Constitution bench, led by Justice K M Joseph, stated that its landmark 2018 judgment which decriminalized adultery did not pertain to provisions within the Armed Forces Acts.

The 2018 ruling came in response to a petition filed by NRI Joseph Shine, striking down Section 497 of the Indian Penal Code relating to adultery. The clarification of the 2018 judgment came after the Centre requested it through Additional Solicitor General Madhavi Divan.

The Ministry of Defence sought exemption from the 2018 judgment for the armed forces, stating that it may interfere with disciplinary action against officers and cause instability within the services.

The application mentioned that army personnel, who are far from their families and operate in challenging conditions, may be concerned about their family members engaging in undesirable activities.

The 2018 Supreme Court judgment was a landmark decision that struck down Section 497 of the Indian Penal Code dealing with the offence of adultery as unconstitutional. The judgment was not concerned with the provisions of the armed forces acts. The Supreme Court issued the judgment in response to a plea filed by an NRI name Joseph Shine.

Shine had challenged the constitutionality of Section 497 of the Indian Penal Code, which dealt with the offence of adultery. The Supreme Court heard the case and ruled in favour of Shine, striking down the provision as unconstitutional.

In September last year, the Supreme Court had ruled that the 2018 judgment on the decriminalization of adultery won't obstruct the military from taking action against officers for inappropriate behaviour.

A five-judge bench, led by Justice KM Joseph, had stated that even though adultery isn't considered a criminal act, it remains unethical. This conduct can cause instability in the military and harm the family life of military personnel. The union government had sought clarification after the Armed Forces Tribunal (AFT) used the 2018 judgment to end proceedings against an officer charged with adultery.

The court stated that orders passed by AFT can be challenged before the Supreme Court. Adultery, although no longer a criminal offense, should not be taken lightly as it can ruin families.