The Supreme Court has admitted an application from the Central government to decide if the members of the armed forces may be exempted fro...
The Supreme Court has admitted an application from the Central government to decide if the members of the armed forces may be exempted from the ruling of the court in the case of Joseph Shine vs Union of India which decriminalised adultery.
In its application, the government has referred to article 33 of the Indian Constitution, which authorises the Parliament to restrict or abrogate (by law) any of the fundamental rights in terms of their applications to the members of the armed forces so to ensure proper discharge of their duties and to maintain discipline amongst them. Pursuant to this mandate, there already exist many additional restrictions on the armed forces which civilians are not subject to.
Scope of the application
The two questions that the government has asked the court to clarify are the following: Firstly, whether persons subject to the Army Act can still be subject to section 497 of the Indian Penal Code? Secondly, whether adulterous or promiscuous acts by a person subject to Army, Navy and Air Force Act can be punished under the provisions of these statutes dealing with unbecoming conduct and maintenance of good order and discipline?
Even if the court rules in favour of the government, it will not create criminal liability...
