Supreme Court to hear Centre’s plea to keep adultery a crime in armed forces | India News


NEW DELHI: The Centre has moved the Supreme Court pleading that its judgment decriminalising adultery under IPC should not apply to armed forces.
The apex court in a September 2018 judgment had decriminalised adultery, while maintaining that it could continue to be a ground for divorce.
The Centre in its plea on Wednesday said that when jawans and officers are posted in forward inhospitable areas, their families are taken care of at base camp by field unit JCOs and officers. Those posted in forward areas shouldn’t harbour any misgiving about adulterous or promiscuous activity by caring officers.
In its plea the govt also mentioned that an armed forces personnel can be cashiered from service on grounds of unbecoming conduct for committing adultery with a colleague’s wife.
A bench of Justices R F Nariman, Navin Sinha and K M Joseph issued notice on the Centre’s plea and sent the matter to CJI for listing it before a five-judge bench.
The court while delivering the 2018 judgment had said, “We are of the view that there cannot be a patriarchal monarchy over the daughter or, for that matter, husband’s monarchy over wife. That apart, there cannot be a community exposition of masculine dominance.”
Another judge on the bench had said, “This court has recognised sexual privacy as a natural right, protected under the Constitution. To shackle the sexual freedom of a woman and allow the criminalisation of consensual relationships is denial of this right,” adding that marriage could not force an individual to cede her sexual autonomy to others.



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