[Adultery cases in Armed Forces] Adultery tears families apart: Supreme Court Constitution Bench

A Constitution Bench of the Supreme Court on Thursday asked whether the judgment in the case of Joseph Shine v. Union Of India that decriminalised adultery in India would come in the way of reprimanding members of the Armed Forces who commit adultery [Joseph Shine v Union of India Secretary]..The Court posed the question while hearing the matter relating to disciplinary proceedings in the Armed Forces arising from adultery cases. The issue that will be examined is whether the practice can continue after a Constitution Bench unanimously struck down Section 497 of the Indian Penal Code (IPC), which penalised adultery in 2018..Breaking: Adultery no longer a Crime, Supreme Court strikes down Section 497 IPC.Justice KM Joseph remarked during the course of the hearing that there needs to be discipline in the case of uniformed services. "See in uniformed services, there has to be discipline. If a private employer can be permitted to do it [act on misconduct] then why not the forces? If it concerns possibly breaking up of a family then..." the judge said..The judge went on to note that adultery tears families apart, and cited the many habeas corpus petitions that were filed before High Courts arising from such circumstances. "Is there anything in the judgment which precludes you from taking action for misconduct?" he went on to ask counsel..The Court also took a prima facie view that there was nothing precluding those aggrieved by disciplinary proceedings from challenging individual orders of the Armed Forces Tribunal (AFT) that dropped such proceedings. .The counsel, however, expressed their concerned with regard to what constituted indiscipline and unbecoming conduct within the forces. "If another officer, it may be consensual in nature, enters another officer's quarters when they are posted away from home, some AFTs have given decisions [to do away with misconduct proceedings]", the counsel explained. .The hearing was adjourned to December 6. Counsel were asked to specifically point out parts of the Joseph Shine judgment that prevented disciplinary proceedings against army officers..[Read order].[Read our live coverage of today's hearing here]