Armed forces must have mechanism for disciplinary proceedings against officers for adultery: SC

The Supreme Court on Thursday 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 society and everybody is dependent on it, a five-judge bench presided over by Justice K M Joseph said adultery can shake the discipline in the armed forces, which is of paramount importance.

“This conduct can shake up the life of the officers," the bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar, said.

The integrity of society is based on the faithfulness of one spouse to another, the court added.

The court's observations came as Additional Solicitor General Madhavi Divan, representing the Centre, submitted that a plea seeking clarification of the 2018 judgment in Joseph Shine case has been filed.

The court 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.

In 2018, the top court, on a plea filed by NRI Joseph Shine, struck down Section 497 of the IPC, dealing with the offence of adultery. The top court held that it was unconstitutional.

During the hearing today, the top court said the 2018 verdict, cannot be referred to halt disciplinary proceedings against the guilty.

The Ministry of Defence (MoD) had moved the Supreme Court contending that the apex court 2018 judgment could come in the way of armed forces officers convicted for adulterous acts.

The top court was informed that disciplinary actions taken in the Army are gender neutral.

The bench further added that armed forces must have some kind of assurance that action will be taken and it should not be the scenario that by citing Joseph Shine (2018 judgment), it is claimed that nothing can be done.

The top court was informed that the Armed Forces Tribunal (AFT) quashed disciplinary proceedings against certain army personnel charged with adultery, citing the Joseph Shine judgment.

The court fixed the matter for further hearing on December 6.