New Delhi: Indian Army, which is strongly opposed to homosexuality and adultery in its rank and file is in a legal conundrum after both these offences have been decriminalised by the Supreme Court.
While it has already written to the defence ministry on its concerns regarding revoking of these two provisions, a senior Army officer said that Army still can take action against personnel for such behaviour under section 45 of Army Act, which deals with “Unbecoming conduct”.He indicated that homosexuality and adultery will fall under “Unbecoming conduct” as armed forces personnel are expected to follow high moral standards. “It will depend on how we charge him and how such acts will come under Unbecoming conduct,” said the official.
The officer said that the individual is free to approach the court after being charged under section 45 of Army Act.
He said that section 45 of Army Act has been approved by the Cabinet/Parliament and has not been repealed. “Some conduct can be legal but it may not be ethical,” said the official. However, he added that “Supreme Court’s judgements are law of the land and will be abided within the Army.”
Under section 45, any officer, junior commissioned officer or warrant officer, who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in the act.
In the military, the offence of “stealing the affections of brother officer’s wife - a euphemism for adultery - is a serious offence that is a notch below “cowardice” , which is punishable with even death. The Army is also acting against those involved in “moral turpitude and corruption.”
Recently, one senior Army officer of rank of Major General has been dismissed from service due to moral turpitude.
“One more Major General is in the pipeline to be dismissed on the same issue,” said sources. Since June 2017, more than 6 officers have been dismissed from services due to moral turpitude.
