The Supreme Court has said that the law abolished in 2018 in the case of adultery (extramarital affairs) has nothing to do with the Army Act. A constitution bench of the Supreme Court said on Tuesday (January 31, 2023) that the army can take action on its own people involved in such cases.

The bench noted in the order that the 2018 judgment in the Joseph Shine case versus Union of India was not at all related to the provisions of the Armed Forces Acts. A five-judge bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar passed the order in an application filed by the Ministry of Defense seeking clarification whether army personnel can be prosecuted under the Army Act for adulterous acts. can be done.

Joseph Shine Case Verdict In 2019, a three-judge bench referred the application to a constitution bench, as the Joseph Shine judgment was delivered by a five-judge bench. The Supreme Court said in its order that adultery is a common problem in today's time. Because of this, the marriage relationship between husband and wife breaks due to this reason.

Additional Solicitor General Madhavi Divan, appearing for the Centre, had told the bench that the application was filed in view of quashing of certain disciplinary proceedings initiated against personnel for inappropriate sexual conduct by the Armed Forces Tribunal citing Joseph Shine judgment . The ASG pointed out that Joseph Shine's decision was based on the principle of a male-dominated society under section 497 of the IPC, however, the action taken in the army has nothing to do with gender. Women officers are also subject to disciplinary action.

Advocate Kaleshwaram Raj, appearing for the petitioner in the Joseph Shine case, submitted that the clarification application of the union is not maintainable and there is no comment regarding Army officers in the Joseph Shine case. He submitted that a general explanatory direction cannot be given and individual cases have to be examined on a case-to-case basis.