38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

Armed forces can act against officers for adulterous acts: SC

By LawStreet News Network      31 January, 2023 11:47 PM      0 Comments
Armed forces can act against officers for adulterous acts: SC

NEW DELHI: The Supreme Court on Tuesday declared that armed forces can take court martial proceedings against their officers for adulterous acts, while clarifying the landmark 2018 judgement that decriminalised adultery.

A Constitution bench headed by Justice K M Joseph said its 2018 judgement was not concerned with the provisions of the armed forces acts.

The court also pointed out Article 33 of the Constitution provided exemption to legislations governing armed forces from applicability of the fundamental rights.

Acting on a plea filed by NRI Joseph Shine, the top court had in 2018 had struck down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it unconstitutional.

On Tuesday, the bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar made the clarification upon hearing Additional Solicitor General Madhavi Divan, appearing for the Centre.

The court also noted it had no occasion to consider the effects upon the armed forces.

The Defence Ministry had sought a clarification, seeking  an exemption to armed forces from the September 27, 2018 judgement striking down adultery.

The government said the judgement may hinder action against officers who indulged in such actions and can cause 'instability' within the services.

"In view of the 2018 judgement, 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 activities," the application said.

Advocate Kaleeswaram Raj, who appeared for petitioner Shine, opposed the Centre's plea as not maintainable.

In September, 2022, the court had orally said the armed forces should have disciplinary proceedings against their officers for adultery, saying it creates pain in the family.

Maintaining that family is the unit of the society and everybody is dependent on it, the court had said adultery can shake the discipline in the armed forces, which is of paramount importance.

The court had also emphasised that armed forces must have some kind of mechanism for disciplinary proceedings against their officers for adultery and this issue should not be taken lightly.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM

TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email