Adultery law must stay for military: Government

Why is it in news?
  • The Supreme Court admitted a petition filed by the Ministry of Defence (MoD) seeking to exempt armed forces personnel from the ambit of a Constitution Bench judgment of 2018 that decriminalised adultery.
Details:
  • The original judgment in 2018 had found that Section 497 (adultery) of the Indian Penal Code cannot “command” married couples to remain loyal to each other for the fear of penal punishment.
  • The government said in the petition that personnel of the Army, Navy and the Air Force were a “distinct class”.
  • The forces are governed by special legislation, the Army Act, the Navy Act and the Air Force Act.
What is Adultery?
  • Adultery means voluntary sexual relations of a married person other than with spouse.
  • The legal definition of adultery however varies from country to country and statute to statute.
  • In India the offence of adultery was punishable under Section 497 of the Indian Penal Code (IPC). However, Supreme court struck it down in 2018.




Posted by Jawwad Kazi on 15th Jan 2021