The Supreme Court on Thursday said that armed forces must have some kind of mechanism for disciplinary actions against their officers for adultery as “this is a conduct that can shake up the life of officers”.
The top court said adultery creates “pain” and breaks family so it should not be treated in a light manner.
“In uniformed services, discipline is of paramount importance. Everybody is ultimately dependent on the family as a unit of society. The integrity of society is based on the faithfulness of one spouse to another. This (adultery) is going to shake the discipline in the armed forces. Forces must have some kind of assurance that they will take action,” said Justice K M Joseph.
The bench also comprised of Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar who was hearing an plea by the Union government urging the court to clarify that Army personnel can be proceeded under the Army Act for acts of adultery, notwithstanding the 2018 judgment.
It said the apex court 2018 judgment, which declared penal provision on adultery as unconstitutional, cannot be referred to halt disciplinary proceedings against guilty. “We have held so many sessions as judges in high courts and seen so many families are torn. We are telling you that do not treat this in a lighter manner,” the bench observed.
Appearing for the Centre, Additional Solicitor General Madhavi Divan said the Army had taken disciplinary action against some personnel for adultery but the Armed Forces Tribunal, citing the 2018 SC judgment, had quashed the proceedings in many of those cases.
Justice Joseph then asked Divan, “Is there anything in the judgment which precludes you from taking action for misconduct?”
Divan responded that she will go through the judgment in detail. Justice Joseph then said, “Our view is that if there is nothing in the judgment precluding you, you will be advised to withdraw this application. You can challenge the individual orders of the AFT instead.
Justice Joseph also recalled an incident from the High Court where he said the mother had committed adultery and the children refused to speak to her, despite best efforts of the judges. “That is the sort of pain, anger and hatred this can create,” Justice Joseph said.
The apex court had in 2018 struck down Section 497 of the IPC which criminalised adultery.
