‘Make Adultery An offence For Armed Forces’ Centre Demands Supreme Court

The Ministry of Defence on Monday asked the Supreme Court to continue considering adultery as offence for the armed forces stating the crime as “stealing the affection of brother officer’s wife”.

On 27th September 2018, the Supreme Court ordered adultery will not be a crime in India when it said “ "It's time to say the husband is not the master of the woman."

Section 497 of the Indian Penal Code punished a man who has an affair with a woman "without the consent or connivance of" her husband, with up to five years in jail. 

The Ministry however requested adultery be considered a crime for armed forces as it works differently than any other profession and the women has to be taken care of by the other officers which might lead to unintended relationships.

“The armed forces operate in peculiar circumstances where the jawans are posted in barren terrain while their family is cared by their respectable units and there are frequest officer visits to their wives’ accommodation. In such cases, the jawans and officers must not be distressed by the thought that while adultery is not a crim in India anymore, anybody joins an adulterous relationship with the family members or their wives,” attorney general KK Venugopal said while appealing retention of adultery in armed forces.

A bench of Justices including R F Nariman, Navin Sinha and K M Joseph were approached by attorney general Venugopal and Additional Solicitor General Madhvi Goradia Divan to discuss this matter.

Attorney General KK Venugopal, appearing for MoD, told the court that the September 27, 2018 judgment of the court in the Joseph Shine v Union of India case, striking down adultery as an offence could come in the way of armed forces personnel being convicted for adulterous acts under the Army Act, Navy Act and Air Force Act.

The bench led by Navin Sinha however agreed not to take the matter in hands. The bench stated “‘We cannot clarify since it’s a decision by Constitution Bench.”

The bench has issues a notice to the CJI asking them to form a five judge bench and drive to a conclusion.

The Supreme Court’s 2018 judgement of considering adultery an offence was passed on the premise that it discriminates men and women and considers women property of men. 

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