2018 verdict on decriminalising adultery be not made applicable on armed forces: Centre to SC
New Delhi: The Centre on Wednesday urged the Supreme Court that its 2018 verdict decriminalizing colonial-era offence of adultery under the Indian Penal Code be not made applicable to armed forces.
A bench comprising Justices R F Nariman, Navin Sinha, and K M Joseph, after issuing the notice to the PIL petitioner one Joseph Shine and others on the Centre's plea, referred the matter to Chief Justice S A Bobde for setting up of a five-judge Constitution Bench which can clarify the position.
Issue notice. Since the clarification is on a Constitution Bench decision, it is appropriate that the Chief Justice issues orders to post this matter before a bench of five Judges. The Registry is directed to place the matter before the Chief Justice for appropriate orders, the bench said in its order.
During the hearing, Attorney General KK Venugopal said that under the relevant rules of armed forces, adultery is a ground for court-martial for unbecoming conduct and therefore armed forces should be exempted from the purview of the 2018 judgment of the Constitution Bench.
He said that a clarification is needed in this regard from the top court on the applicability of the verdict in armed forces.
In a path-breaking verdict, a five-judge Constitution bench headed by the then CJI Dipak Misra unanimously struck down Section 497 (adultery) of the Indian Penal Code and declared that adultery is not a crime and the penal provision was unconstitutional as it dented the individuality of women and treated them as "chattel of husbands".
The apex court, in a September 2018 judgment, however, had said that adultery would continue to be a ground for seeking a divorce in matrimonial disputes.
The Centre, in its interim plea filed in a disposed of PIL of Joseph Shine, has sought clarification and a direction that the judgment is not made applicable on special statutes and rules governing the armed forces which take actions on its personnel for indulging in adulterous relationships to ensure discipline in forces.
It has been said when jawans and officers are posted in forwarding inhospitable areas, their families are taken care of at base camp by other officers, and the laws and rules, providing actions for indulging in adulterous or promiscuous activity, help in maintaining discipline.
An armed forces personnel can be cashiered from service on grounds of unbecoming conduct for committing adultery with a colleague's wife, it said.
Section 497 of the IPC says: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
Adultery was punishable by a maximum of five years in jail or a fine or both.
Striking down the law, the apex court had said that section 497 of the IPC was manifestly arbitrary, archaic law which is violative of the rights to equality and equal opportunity to women.
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LIVE | Election Results of five states 2026
New Delhi: The countdown has begun for the counting of votes for the Assembly elections in five states that have captured the attention of people across the country.
The counting of votes for the Assembly constituencies of West Bengal, Tamil Nadu, Kerala, Assam and the Union Territory of Puducherry will begin simultaneously at 8 am, and the fate of candidates in a total of 824 constituencies will be decided shortly.
The counting of postal ballots will take place first, followed by the counting of EVM votes in several rounds.
- Bhupen Borah, who recently left Congress and joined the BJP, is leading in Assam’s Bihpuria constituency
- Assam CM Himanta Biswa Sarma is leading in Jalukabari constituency
- BJP leader Suvendu Adhikari is leading in West Bengal’s Nandigram constituencyFive-state elections: Postal vote counting begins
- TMC, BJP lead in one seat each in West Bengal
- In Tamil Nadu, DMK leads in 3 constituencies, while TVK leads in 1
- UDF leads in 5 seats in Kerala, BJP in 1, LDF in 1
- BJP leads in 2 seats, AIUDF in 1 in Assam
- AINRC leads in 1 constituency in Puducherry
- TMC leads in 5 seats in West Bengal; Mamata Banerjee’s party maintains initial lead
- Tamil Nadu Chief Minister M.K. Stalin leads in Kolathur
- BJP takes early lead in Assam
- Congress-led UDF leads in Kerala
- In Tamil Nadu, TVK chief Vijay leads in the Perambur constituency, lags in Tiruchirappalli South
- BJP leads in 10 seats in Assam
- LDF candidate V.P.P. Mustafa leads in the Thrikkaripur Assembly constituency
- Out of 294 seats in West Bengal, BJP is leading in 14 seats, TMC in 12 seats, Congress in 2 seats
- Out of 234 seats in Tamil Nadu, DMK is leading in 15 seats, AIADMK is leading in 5 seats, TVK is leading in 2 seats
- Out of 126 seats in Assam, BJP is leading in 31 seats, Congress in 4 seats, AIUDF in 2 seats.
- Out of 30 seats in Puducherry, NRC+ is leading in 3 seats, Congress in 2 seats, TVK in 1 seat.
- Congress’ Adhir Ranjan Chowdhury suffers a setback in theBerhampore constituency in West Bengal.
