Context: Recently, the Supreme Court has agreed to examine the Central government’s request to keep adultery a crime in the armed forces.
Supreme Court’s judgement on Adultery

• In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men.
• In four separate but concurring judgments, the five-judge bench of the Supreme Court said the 158-year-old law was unconstitutional and fell afoul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).
• The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional.
• The then Chief Justice of India pronounced the judgment that while adultery could be a ground for civil issues, including dissolution of marriage, it could not be a criminal offence.
• The court had ruled that the 19th century law “treats a husband as the master”.

Government’s arguments on Criminalizing Adultery in Armed Forces

• The Centre has pleaded that the 2018 verdict should not apply to armed forces where personnel can be cashiered from service on the grounds of unbecoming conduct for committing adultery with a colleague’s wife.
• The government said in the petition that personnel of the Army, Navy and the Air Force were a “distinct class” as they were governed by special legislations i.e. the Army Act, the Navy Act and the Air Force Act.
• There is no offence specified as 'Adultery" in the entire Armed Forces Act or the Rules made thereunder as the provisions of the Army Act, Air Force Act and Navy Act deal with "unbecoming conduct".

Impact of decriminalizing Adultery in Armed Forces

• The Centre said that decriminalizing adultery may cause 'instability' within armed forces as defence personnel are expected to stay separated from their families for long durations.
• There will always be a concern in the minds of the army personnel who are operating far away from their families under challenging conditions far away from their families about the family indulging in untoward activity.

Additional Information
Adultery Law in India

• The adultery law in India is defined by the Indian Penal Code under Section 497.
• IPC Section 497 states, "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery".
• Section 497 also states that a man found guilty of adultery "shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both”.