Defense Update

The Indian Army wants to reportedly ensure that homosexuality and adultery remain punishable offences and has written to the Ministry of Defence about the same, according to reports. This comes after the Supreme Court decriminalised adultery and read down IPC Section 377 that criminalised 'unnatural offences' in September 2018.

The Indian Army wants both the offences to be punishable under Section 45 of the Army Act that deals with 'Unbecoming Conduct'.

Section 45 of the Army Act pertains to any officer who “behaves in a manner unbecoming his position and the character expected of him”, will, either be dismissed or suffer punishment as prescribed by the Act. 

Outgoing Indian Army Adjutant General Lieutenant General Ashwani Kumar said that they will not do anything that will violate the law of the land.

“The Supreme Court's judgments are law of the land and will be abided with in the Army,” he said. The officer, however, stressed that the Army Act was passed by Parliament and there are provisions to deal with 'Unbecoming Conduct'.

Article 33 of the Constitution empowers the Parliament to restrict or abrogate the fundamental rights of uniformed personnel to maintain discipline and ensure the proper discharge of their duties.

The officer also said that keeping both the offences punishable will be a deterrent for the wrong people. "We have to think of the environment in the barracks of soldiers. Nothing should lead to lowering their morale," Lieutenant General Kumar, who superannuated on Thursday.

Kumar stressed that there is no place for such offences in the over 12-lakh strong army as it is a disciplined force. He clarified that any soldier or officer indulging in either consensual same-sex acts or extra-marital affairs (called "stealing the affections of a brother officer's wife" in military parlance) will have to face stringent action through court-martial for violating military order, discipline and conduct.

He went on to add that when one joins the Indian Army, he or she does not get some of the rights and privileges like other citizens are given under the Constitution. So, all the men in the force will have to abide by the Indian Army Act and rules.

With IANS inputs

(This story has not been edited by defupdateindia staff and is auto-generated from a syndicated feed.)