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SC Says: Armed forces must have system to punish officers for adultery

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Supreme Court on Thursday said that the armed forces should have some kind of mechanism for disciplinary proceedings against their officers for adultery as “it is a conduct which may rock the lives of officers”.

The top court said adultery creates “pain” in a family and should not be treated lightly.

“In uniformed services, discipline is paramount. Everyone is ultimately dependent on the family as a unit of society. The integrity of society is based on the loyalty of one spouse to another. It (adultery) shakes up the discipline.” The Armed Forces. The forces should have some kind of assurance that they will act,” said a constitution bench headed by Justice K M Joseph.

It said the apex court’s 2018 judgment, which declared the penal provision on adultery unconstitutional, cannot be referred to stay disciplinary proceedings against the guilty. “We have held several sessions as judges in high courts and have seen that families are torn. We are telling you not to take it lightly,” the bench said.

The SC had struck down Section 497 of the IPC dealing with adultery on a plea filed by NRI Joseph Shine in 2018 as unconstitutional.

Written By: KARAN SURI

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