Decriminalizing Adultery May Cause Instability In Armed Forces, Centre Tells SC; Top Court Issues Notice

The SC bench comprising Justices R F Nariman, Navin Sinha and K M Joseph referred the matter to Chief Justice S A Bobde for setting up of a five-judge Constitution Bench which can clarify the position.

(File Photo/ Getty)

New Delhi: The Supreme Court on Wednesday issued a notice on Centre's plea which sought clarification for its 2018 judgement of a five-judge constitution bench decriminalizing adultery under the Indian Penal Code (IPC) be not made applicable to the armed forces where a personnel can be cashiered from service on grounds of "unbecoming conduct" for committing adultery with a colleague's wife. Issuing notice, the bench comprising Justices R F Nariman, Navin Sinha and K M Joseph referred the matter to Chief Justice S A Bobde for setting up of a five-judge Constitution Bench which can clarify the position. "Issue notice. Since the clarification is on a Constitution Bench decision, it is appropriate that the Chief Justice issues orders to post this matter before a bench of five Judges. The Registry is directed to place the matter before the Chief Justice for appropriate orders," the bench said in its order. When asked by the bench on why clarification was needed in the matter, Attorney General K K Venugopal said that under the relevant rules of armed forces, adultery is a ground for court martial for unbecoming conduct and therefore armed forces should be exempted from the purview of 2018 judgement of the Constitution bench. AG also said that a clarification is needed in this regard from the top court on the applicability of the verdict in armed forces.

Supreme Court's 2018 judgement decriminalizing adultery

A five-judge Constitution bench headed by the then CJI Dipak Misra delivered a path-breaking verdict in 2018 by unanimously striking down Section 497 (adultery) of the IPC and declaring that adultery is not a crime and the penal provision was unconstitutional as it dented the individuality of women and treated them as "chattel of husbands". The apex court, however, maintained that adultery would continue to be a ground for seeking divorce in matrimonial disputes. Adultery was punishable by a maximum five years in jail or fine or both. Taking back the law, the top court had said that the section 497 of the IPC was manifestly arbitrary, archaic law which is violative of the rights to equality and equal opportunity to women.

Centre's stand on decriminalizing adultery

The Centre, in its interim plea filed in a disposed of PIL of Joseph Shine, has sought clarification and a direction that the judgement be not made applicable on special statutes and rules governing the armed forces which take actions on its personnel for indulging in adulterous relationships to ensure discipline in forces. It has been said when jawans and officers are posted in forward inhospitable areas, their families are taken care of at base camp by other officers and the laws and rules, providing actions for indulging in adulterous or promiscuous activity, help in maintaining discipline.