Joseph Shine vs Union of India | MA 2204 OF 2020 |

Facts:The facts of the matter are that the Union Government had filed a miscellaneous application in view of the Armed Forces Tribunal quashing certain disciplinary proceedings initiated against personnel for inappropriate sexual conduct by citing the Joseph Shine judgment. The centre had sought clarification that in a case where the officer is charged with what is unbecoming conduct and it consists of an act of adultery, nothing can stand in the way of the authorities taking action.

Issues:The primary issues before this Constitution Bench were whether the effect of Section 497 IPC and Sections 45 and 63 of the Army Act, would stand after the judgment in Joseph Shine or whether the authorities are precluded from taking disciplinary action in cases involving adultery.

Held:The court clarified that the judgment in Joseph Shine was not concerned with the effect and operation of the relevant provisions in the Acts which have been placed before us by the applicant. It further observed that it is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong and that it will continue to be a ground for securing dissolution of marriage. It has also been described as a civil wrong.

OPINION

Adultery is a serious issue in the Armed Forces, as it challenges the core values of hard work, solidarity, loyalty, and respect. It tarnishes the service uniform and can have far-reaching effects on other personnel’s career and morale.It is therefore absolutely essential for the Armed Forces to maintain a strict code of conduct and penalize members for any act which breaches the code. Even though The Supreme Court in the Joseph Shine Judgment struck down Section 497 of the IPC that criminalised adultery, the Court has clarified that it did not apply to Armed Forces personnel and the Armed Forces still have the power to take action against such acts of adultery.

Beyond just punishing Army personnel who are found guilty of adultery, preventative measures should also be in place, such as explicit communication of the regulations and issues related to adultery, mandatory gender awareness sessions, compulsory counseling, and training soldiers to watch out for and report any potential violations.

Such an atmosphere will ensure that the sanctity of the Armed Forces is maintained and morale stays high.