Adultry is decriminalised but continues to be civil and moral wrong - It will continue to be a ground for securing dissolution of marriage - Provisions of Army Act, Neavy Act and Air Force Act also not affected

Supreme Court Clarifies Scope of Armed Forces Acts Post-Adultery Law Overhaul

Supreme Court asserts Armed Forces can enforce discipline under specific Acts, despite decriminalization of adultery

The Supreme Court of India issued a significant clarification regarding the application of Armed Forces Acts in light of the landmark judgment that decriminalized adultery in the case Joseph Shine v. Union of India. The Constitution Bench, comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar, addressed a miscellaneous application filed by the Union of India seeking clarity on how the previous judgment impacts disciplinary actions within the Armed Forces.

In 2019, the Supreme Court had struck down Section 497 of the Indian Penal Code, declaring it unconstitutional as it violated Articles 14, 15, and 21 of the Constitution. This section pertained to the criminalization of adultery. The Union of India sought clarification on whether this decision affects the enforcement of discipline under the Army Act, Navy Act, and Air Force Act.

The Supreme Court clarified that while adultery is no longer a criminal offense under civilian law, this does not inhibit the Armed Forces from proceeding with disciplinary actions under Sections 45 and 63 of the Army Act, or equivalent sections in the Navy and Air Force Acts. The judgment underscored the unique nature of the Armed Forces, emphasizing the necessity of maintaining discipline and proper conduct, which may include addressing promiscuous or adulterous acts that could undermine the military hierarchy and morale.

The Armed Forces, as a distinct class under Article 33 of the Constitution, have provisions allowing them to restrict certain rights to ensure discipline and duty discharge. The Court observed that the decriminalization of adultery in civilian life does not extend to military personnel, who are subject to different standards due to the nature of their roles. The judgment reiterated that the Armed Forces operate under a different framework, where discipline and moral conduct are paramount.

Furthermore, the Court highlighted that the provisions under the Armed Forces Acts are gender-neutral, addressing conduct unbecoming of personnel irrespective of gender. This ensures that all members of the Armed Forces are held to the same standards of conduct.

The decision aims to address concerns regarding the potential impact on military discipline following the decriminalization of adultery. By clarifying that the Armed Forces can still proceed with disciplinary actions under relevant sections of their governing Acts, the Supreme Court supports the Armed Forces in maintaining order and discipline, crucial for their effective functioning.

This clarification is seen as pivotal for the Armed Forces, ensuring they can continue enforcing disciplinary measures without ambiguity, thereby safeguarding the integrity and operational readiness of the military.

Statutory provisions

Articles 14, 15, 21, 33 of the Constitution of India; Indian Penal Code, 1860, Section 497; Army Act, 1950, Sections 45, 63; Navy Act, 1957; Air Force Act, 1950.

 Joseph Shine v. Union of India (SC)(Constitution Bench) : Law Finder Doc id # 2136498