The Supreme Court of India on January 13, 2021 agreed to examine the Government of India’s request to keep adultery a crime in the armed forces.
- The Centre, in its plea, said the 2018 verdict should not apply to armed forces where personnel can be cashiered from service on the grounds of unbecoming conduct for committing adultery with a colleague’s wife.
- The army take actions on its personnel for indulging in adulterous relationships to ensure discipline in forces.
- A bench of the Supreme Court also referred the matter to Chief Justice S A Bobde for setting up of a five-judge Constitution Bench which can clarify the position.
Adultery is not a crime
- The Supreme Court, in September 2018, had unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men.
- The five-judge bench of the apex court had said that the concerned law was unconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).
- The Supreme Court had also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional.
(Source: Indian Express)
