Adultery can’t be decriminalised for armed forces

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Daily Current Affairs Article 15th January 2021: The Supreme Court admitted a petition filed by the Ministry of Defence (MoD)seeking to exempt armed forces personnel from the ambit of a Constitution Bench judgment of 2018 that decriminalised adultery.

A three-judge Bench led by Justice Rohinton Fali Nariman said the plea had to be considered by a Constitution Bench because the original verdict, striking down Section 497 (adultery) of the IPC, was pronounced by a five-judge Bench in September 2018.

The court referred the case to the Chief Justice to pass appropriate orders to form a five-judge Bench to clarify the impact of the 2018 judgment on the armed forces.

Reason given by the government for seeking exemption:

1. There will always be a concern in the minds of the Army personnel who are operating far away from their families under challenging conditions about the family indulging in untoward activity.
2. Personnel of the Army, Navy and the Air Force were a “distinct class”. They were governed by special legislation, the Army Act, the Navy Act and the Air Force Act. Adultery amounted to an unbecoming conduct and a violation of discipline under the three Acts.
3. The three laws were protected by Article 33 of the Constitution, which allowed the government to modify the fundamental rights of the armed forces personnel.