Explore how the Supreme Court’s decriminalization of adultery in the landmark Joseph Shine case affects members of the Indian Armed Forces, and whether military personnel remain subject to disciplinary action under the Army, Navy, and Air Force Acts.

Introduction

In 2018, the Supreme Court of India decriminalized adultery under Section 497 of the Indian Penal Code, declaring it unconstitutional. The judgment in the Joseph Shine v. Union of India case marked a significant step towards gender equality. However, a legal ambiguity remained: does this ruling apply to personnel in the Indian Armed Forces?

Facts of the Case

On January 31, 2023, the Supreme Court addressed this issue through Miscellaneous Application No. 2204 of 2020 in Writ Petition (Criminal) No. 194 of 2017. The Union of India sought clarification on whether the decriminalization of adultery affected military personnel governed by the Army Act, 1950, Air Force Act, 1950, and Navy Act, 1957.

These laws contain provisions for disciplining service members for “unbecoming conduct,” which includes acts of adultery. The central question was whether the protections under the 2018 ruling extended to armed forces personnel, or if military law remains distinct from civilian law in this context.

Key Legal Issue

Does the 2018 Supreme Court judgment in Joseph Shine v. Union of India, which declared Section 497 of the IPC unconstitutional, also apply to individuals in the armed forces?

Supreme Court Judgment

The Constitution Bench, including Justices Kuttiyil M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and Chudalayil T. Ravikumar, clarified that the 2018 judgment did not address the applicability of the Army, Air Force, or Navy Acts.

Under Article 33 of the Indian Constitution, Parliament has the authority to modify the application of fundamental rights to members of the armed forces. The Court accepted the Union’s argument that the military operates under independent codes separate from the IPC. Therefore, the decriminalization of adultery does not restrict military authorities from disciplining personnel for such conduct.

The Court emphasized that the 2018 ruling only invalidated Section 497 of the IPC and Section 198(2) of the Code of Criminal Procedure, which had limited the right to file complaints to aggrieved husbands. It did not examine or impact military-specific laws.

Conclusion

The 2023 judgment provides critical clarity: the Supreme Court’s decision to strike down Section 497 of the IPC does not extend to military personnel governed by the Army, Navy, or Air Force Acts. The Court reaffirmed that disciplinary proceedings in the armed forces can continue independently of civilian laws.

While the Joseph Shine ruling was a milestone in upholding women’s dignity, autonomy, and equality, it does not alter the separate legal framework under which India’s armed forces operate. This distinction ensures discipline within the military while also respecting the broader constitutional values established in civilian life.