Adultery is defined as voluntary sexual intercourse between a married individual and a person who is not their current spouse or partner. In the context of Indian law, this act was criminalized under Section 497 of the Indian Penal Code (IPC). This section stipulated that any man who engages in sexual intercourse with another man’s wife, without the latter’s consent or cooperation, is guilty of adultery. The IPC did not punish the woman involved, citing that only men could lead a woman into such an act. Consequently, the husband was seen as the victim, having suffered due to his wife’s illicit relationship without his consent.
The 2018 Joseph Shine Judgment: A Game Changer for Adultery Laws
In September 2018, a landmark judgment known as the Joseph Shine Judgment was passed by the Supreme Court (SC). This judgment abolished Section 497 of the IPC, stating that it was unconstitutional and infringed on women’s right to equality. The Supreme Court ruled that treating women as inferior to their husbands was a violation of their rights.
Recent Ruling: Armed Forces and Adultery
Despite the decriminalization of adultery in the civilian realm, the same does not apply to Armed Forces. The Supreme Court clarified that the 2018 judgment was strictly concerned with the validity of Section 497 and did not have any implications for the Army, Navy, or Air Force Acts. These three wings of the defence are governed by special legislation—The Army Act, the Navy Act, and the Air Force Act—which impose restrictions on the personnel’s fundamental rights for maintaining utmost discipline.
Implications and Significance of the Recent Ruling
This ruling implying that adultery is still a punishable offence in the Armed Forces is significant because it upholds discipline and order. Personnel who are deployed in hostile environments often have their families taken care of by fellow officers at base camp. In such circumstances, laws and regulations spelling out the consequences of indulging in adulterous or promiscuous behaviour help to maintain discipline. A soldier found guilty of committing adultery with a coworker’s wife can be dismissed from service for ‘conduct unbecoming.’
Adultery in Indian Armed Forces: Rules and Consequences
In the Indian Armed Forces, service personnel are subject to provisions of the IPC, including laws regarding adultery. They also abide by military-specific regulations and codes that prohibit adultery and other forms of immoral behaviour. The specific consequences of committing adultery vary but could include administrative action, disciplinary action, or court-martial. All procedures related to dealing with such cases are governed by the Indian military justice system, ensuring systematic review and strict enforcement of the laws.
While civilian law has decriminalized adultery, the same liberty is not granted to the Armed Forces. Instead, they continue to uphold strict regulations against adultery to maintain discipline and ensure the smooth functioning of their services.
