Adultery in Uniform – Section 497 Scrapped – Ramifications for Armed Forces

ADULTERY in UNIFORM 

Section 497 Scrapped – Ramifications for Armed Forces

A Spoof

By

VIKRAM KARVE

Disclaimer: I am not a “legal eagle” – nor am I a “Sea Lawyer”. This article is a spoof, a piece of humor, so take it with a pinch of salt and have a laugh.

Today’s “Section 497 Verdict” has struck down Section 497 of the Indian Penal Code (IPC).

Section 497 of the Indian Penal Code is given below: 

497. Adultery.—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, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

With the above Section 497 scrapped – henceforth – it is not a crime for married persons to indulge in consensual extramarital sexual activities (although it may be a ground for divorce).

Will there be any ramifications of the “Section 497 Verdict” on the Defence Services…? 

One wonders whether the Armed Forces will treat “consensual extramarital sex” between Married Military Personnel as acceptable and lawful…? 

By the way – the term “stealing affections” is the military euphemism for “adultery”. 

So – will adultery or “stealing affections” of wives/husbands of fellow military personnel no longer be an “offence”...? 

(Before I attempt to answer the question – Dear Reader – let me remind you once again that I am no “legal eagle” – nor am I a “Sea Lawyer” – and – being a Naval Veteran – I shall let my imagination run wild in the context of the Navy – with the hope that some “expert” Army /Air Veterans will like to “pontificate” on the implications of the “Section 497 Verdict” on their respective services…) 

Will Navy treat “consensual extramarital sex” between Married Naval Personnel as lawful…?

Will adultery and extra-marital affairs become acceptable in the naval environment…?

Will “Stealing the Affection” of a Brother Officer’s Wife not be considered an “offence”…?

If YES – it is fine.

If NO – how will the Navy tackle adultery, extramarital affairs and “Stealing Affection” cases in the Naval Environment…?

Prior to the “Section 497 Verdict” that has decriminalized Adultery – Navy could use Section 77 of the Navy Act to punish Naval Personnel committing adultery which was then an offence under Section 497 of IPC.  

(Section 77 of the Navy Act provides for punishment of Naval Personnel for Civil Offences)

Now – after the scrapping of Section 497 – adultery is no longer a punishable offence under the IPC – so – Naval Personnel indulging in extramarital sexual affairs (including “Stealing Affections” of Brother Officers’ Wives) – they do not commit any “civil” offence – hence – Section 77 of the Navy Act is not applicable.

So – in case the Navy wishes to punish extramarital sex among Naval Personnel/Families – will the Navy take recourse to the “catch all” provisions of The Navy Act, 1957 which can be used to label almost anything as an “offence”…?  

One wonders whether these provisions were deliberately made ambiguous so that they become “all encompassing” and can be “interpreted” as convenient by senior officers.

Let us have a look at these three sections of the Navy Act (Sections 53, 54 and 74 in Chapter VIII – Articles of War)

(The “Articles of War” are a set of regulations – the statutory provisions in the Navy Act that regulate and govern the conduct of Officers and Sailors of the Navy)

SECTION 54 of THE NAVY ACT, 1957 

Cruelty and conduct unbecoming the character of an officer

Section 54

(1) Every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

(2)  Every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term, which may extend to two years or such other punishment as is hereinafter mentioned.

Firstly – this section applies to officers only. So – sailors cannot be punished under this section.

Secondly – “consensual sex” cannot be treated as “cruelty” – so Section 54 (1) is not applicable.

Now – as far as Section 54 (2) is concerned – the “moot question” is:

Can “stealing the affection of a brother officer’s wife” be deemed to be “scandalous or fraudulent conduct or conduct “unbecoming” the character of an officer”…? 

SECTION 74 of THE NAVY ACT, 1957

Offences against good order and naval discipline

Section 74

Every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specified, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

Whereas Section 54 was applicable only to Naval Officers – Section 74 applies to all Naval Personnel.

The “moot question” is:

Can adultery or “extramarital sex” between Naval Personnel/Families be deemed an act “to the prejudice of good order and naval discipline”…?

As I said earlier – the phrase “to the prejudice of good order and naval discipline” is quite subjective in nature since the exact meaning of the term “to the prejudice of good order and naval discipline” has not been precisely defined and interpretation may depend on the perception of the senior officer.

A conservative “prudish” officer may feel that consensual extramarital sex is an act “to the prejudice of good order and naval discipline” – whereas a liberal “broad-minded” officer may think otherwise. 

SECTION 53 of THE NAVY ACT, 1957

Uncleanness or indecent acts

Section 53

Every person subject to naval law who is guilty of, –

(a)  uncleanness; or

(b)  any indecent act;

shall be punished with imprisonment for a term which may be extend to two years or such other punishment as is hereinafter mentioned.

Here – the “moot question” is:

Can “consensual sex” be deemed an “unclean” or “indecent” act…? 

Or – does sex become “unclean” or “indecent” only when sex is “extramarital”...? 

Is it valid to say that “intra-marital” sex is “clean” and “decent” – but – “extra-marital” sex is “unclean” and “indecent”…? 

What is “clean” and what is “unclean” – what is “decent” and what is “indecent” – it depends on the perception of the senior officer.

Of course – in the Naval Environment – Public Display of Extra-Marital “Affection” by Naval Personnel may be deemed “indecent” – but can “Private Sexual Activity” be deemed “indecent”…?

(During my long Naval Career – I had not come across anyone being punished for an “unclean” act or “indecent” act – so – I wondered if Section 53 had ever been used to punish a Naval Officer/Sailor.  So – I searched on the internet – and I found a News Report which said that a sailor had been found guilty under Section 53(b) of the Navy Act)

FOOD FOR THOUGHT

What will be the ramifications of the “Section 497 Verdict” on the Armed Forces…?

Will adultery no longer be taboo in the military environment…?

Will “Stealing the Affection of a Brother Officer’s Wife” no longer be an “offence” in the Armed Forces…?

Or – will the Armed Forces use “catch all” rules/regulations (like Sections 53, 54 and 74 of Navy Act) to punish Adultery…?

(I am not sure but I feel that Army and Air Force Acts too have similar provisions like Sections 53, 54 and 74 of Navy Act…)

Will there be a  Fraternization Policy  for consensual sex among Military Personnel/Families…?

Dear Reader – please comment and tell us – what do you think will happen…? 

After the “Section 497 Verdict” – how will the Armed Forces treat “Adultery” in the Military Environment…?

Will “Stealing the Affection of a Brother Officer’s Wife” be treated as lawful and acceptable…? 

VIKRAM KARVE

Copyright © Vikram Karve 
1. If you share this post, please give due credit to the author Vikram Karve
2. Please DO NOT PLAGIARIZE. Please DO NOT Cut/Copy/Paste this post
© vikram karve., all rights reserved. 

Disclaimer:
1. This story is a spoof, satire, pure fiction, just for fun and humor, no offence is meant to anyone, so take it with a pinch of salt and have a laugh.
2. This story is a work of fiction. Events, Places, Settings and Incidents narrated in the story is a figment of my imagination. The characters do not exist and are purely imaginary. Any resemblance to persons, living or dead, is purely coincidental.

Copyright Notice:
No part of this Blog may be reproduced or utilized in any form or by any means, electronic or mechanical including photocopying or by any information storage and retrieval system, without permission in writing from the Blog Author Vikram Karve who holds the copyright.
Copyright © Vikram Karve (all rights reserved)

Trial Divorce

TRIAL DIVORCE

A Story

By

VIKRAM KARVE

I looked at the lock on the door.

It was the same lock.

He hadn’t bothered to change the lock.

Why should he have…?

He probably didn’t realize that I had a key.

Or maybe – he knew.

When I had left – 3 months ago – I hadn’t given him the house-key that I normally kept in my purse.

He hadn’t asked for the key.

Maybe – he had forgotten.

Or maybe – he wanted me to have the key.

I inserted the key in the lock and turned the key.

The lock opened.

I slid the door handle and opened the door.

I shouldn’t have opened the door to his flat.

In fact – I shouldn’t have come to his flat at all.

It was a violation of our “contract”.

I had broken the cardinal rule of our “Trial Divorce” agreement.

We had agreed that we – my Husband and I – we would remain absolutely “incommunicado” – for six months.

Yes – we had promised to each other – that – for a full 6 months – we would remain out of each other’s lives – totally out of contact – offline and online.

And then – if our “Trial Divorce” was “successful” – we would take a final decision.

Actually – I had no intention of breaking the “Trial Divorce” pact.

It had happened due to sheer chance – serendipity.

I had not planned to stay in this city. 

I was just passing through – in transit – but my flight was delayed – and – I missed my connecting flight – so – they booked me on the next flight to my destination.

This flight was scheduled to leave after 12 hours – late in the evening – so – they took me to a hotel to relax for the day.

Believe it or not – but – coincidentally – my husband’s house was located right opposite the hotel.

(Technically – it was still my house too – since I had not formally divorced my husband…)

Through my hotel window – I could see the balcony of our flat.

I could not resist the temptation.

It was 10 o’clock in the morning.

And – it was a Wednesday.  

Most likely – my husband wouldn’t be home.

He would have left for office before 9 AM – and – he would return late in the evening.

And suppose he was home…?

Well – I decided to take a chance.

I could always check the lock on the door – and – if the door was unlocked – I would rush back.

I opened my purse – the house key was there – in the inside pocket – where I had kept it 3 months ago – when I had left my husband’s house.

I thought about it.

If he wasn’t home – I wouldn’t meet him – so – strictly speaking – it wouldn’t be a “breach” of our “Trial Divorce” contract – since – there would be no “contact” between him and me.

So – I walked across the street – I took the lift to our flat.

I was relieved to see – that the house was locked – and my husband was not at home.

I opened the lock – I entered the house – and – I looked around the living room.

It was exactly as I had left it – 3 months ago.

Everything was “spick and span” – as always.

He liked “spit and polish” – and everything was clean, dusted and shining.

I walked towards the bedroom.

I opened the bedroom door.

I looked around the bedroom.

The room – the bed – everything was neat and tidy – as before.

I opened the cupboard.

Everything was in its right place.

Of course – my clothes racks were empty (since I had taken all my clothes with me when I had left) – and he had put his shirts there – neatly folded.

I checked the bathrooms – absolutely spotless and clean.

It was evident that he was living all alone.

There was no “scent” of a woman.

He was in love with his loneliness.

He did not want his loneliness to be “polluted”.

Yes – he had kept his loneliness absolutely pure – idyllic – blissful.

I closed the bedroom door.

I went into the kitchen.

Everything was in its place.

Utensils had been washed and neatly stacked.

He liked to cook his own food.

He did all the house work himself.

And – it was obvious – that he was doing so now.

Nothing had changed.

I thought about it.

The living room, the bedroom, the kitchen – this was the home of a self-sufficient man – he did not need a wife.

I opened the fridge – the kitchen cabinets – everything neat, clean and orderly.

In the side cabinet – I saw the bottle of Single Malt Whisky.

The Whisky bottle was unopened.

It was good to see that he hadn’t started drinking again.

(He had quit drinking around 10 years ago…)

He had bought the bottle of whisky from the “Duty Free” Store at the Airport after our Europe Tour 6 months ago.

Yes – it was on that same fateful tour when we realized that we were not “made for each other”.

We always knew that we were “incompatible” – but – it was on this Europe Tour that we had our “epiphany”.

Our children had married and settled abroad – our “familial” obligations were over – we were still in our 50’s – and – it was right time for us to go our separate ways.

So – we decided to give it a try.

You must have heard of “Trial Marriage” – where a couple tries to discover whether they can live with each other.

We decided to have a “Trial Divorce” – to see whether we could live without each other.

After all – we had been married for 30 years.

And yes – the “Trial Divorce” seemed to be succeeding.

I was happy to be alone – in love with my loneliness – and – he seemed to be happy to live alone and enjoy his solitude too.

I looked at the unopened bottle of Single Malt Whisky.

I wondered why he had bought it.

Was it just to buy something “duty free” – just for the sake of it…?

Would he give the Single Malt Whisky to someone – or – would the whisky bottle keep lying there in the cabinet for eternity…?

Should I take the bottle of Single Malt Whisky with me and present it to someone…?

Maybe – he would never discover that the bottle was missing.

Or maybe – he would – and complain to the cops or something.

No – No – there was no point in stirring up his tranquil life of solitude.

Also – it would be unethical.

I closed the cabinet.

I walked out of the kitchen.

I walked across the living room.

The balcony glass-door was closed.

I looked into the balcony.

The potted plants were there – freshly watered.

He must have watered the plants in the morning before his bath – as he always did.

I went into his study.

Yes – “his” study – where no one was welcome – even I was not welcome.

I looked around his study – his “sanctum sanctorum” – immaculate – neat and tidy – “shipshape”.

Everything was in its right place.

Or – was it…?

I looked again – at his desk.

Something was “amiss”.

Yes – my photo was missing.

The Photo Frame on his Desk which had my Photo – it was missing.

I opened the drawers – searched around – but I couldn’t find my photo – the one he kept on his desk.

I rushed to the living room.

I looked at the mantelpiece.

Even that photo was missing – the photo of both of us – newly wedded husband and wife – clicked during our honeymoon.

He had removed me from his life.

He had eliminated all traces of me – even my photos.

It was clear that he did not need me in his life.

I felt relieved.

Our “Trial Divorce” had succeeded.

Now – once our mutually decided 6 months “Trial Divorce” period was over – we could complete the necessary formalities – to make the divorce “full and final”.

I looked around the house for one last time.

Then – I went out of the house – locked the door – and – I walked towards my hotel.

In the evening I boarded my flight – and – I flew to my destination.

I flew back home – my own home.

VIKRAM KARVE

Copyright © Vikram Karve 
1. If you share this post, please give due credit to the author Vikram Karve
2. Please DO NOT PLAGIARIZE. Please DO NOT Cut/Copy/Paste this post
© vikram karve., all rights reserved.

Disclaimer:

All stories in this blog are a work of fiction. Events, Places, Settings and Incidents narrated in the stories are a figment of my imagination. The characters do not exist and are purely imaginary. Any resemblance to persons, living or dead, is purely coincidental.

Copyright Notice:

No part of this Blog may be reproduced or utilized in any form or by any means, electronic or mechanical including photocopying or by any information storage and retrieval system, without permission in writing from the Blog Author Vikram Karve who holds the copyright.

Copyright © Vikram Karve (all rights reserved) 

Remembering “Daddy” on his 10th death anniversary

Remembrance – Brigadier Pratap Dattatraya Joshi (6.3.1932 - 22.9.2008)

Today is the 22nd of September 2018 – the 10^th death anniversary of my late father-in-law Brigadier Pratap Dattatraya Joshi who we affectionately called “Daddy”. 

How time flies...!!! 

He passed away in the early hours of 22 September 2008.

Ten years have passed since the inimitable Pratap Dattatraya Joshi left for his heavenly abode. 

Lest we forget him – on this day – his 10^th death anniversary – let me sound the “Last Post” once again.

As a token of my remembrance – here is the obituary “LAST POST” that I wrote for him when he left us for his heavenly abode on the 22nd of September 2008.

LAST POST

Obituary

Brigadier Pratap Dattatraya Joshi  (6.3.1932 - 22.9.2008)

In the early hours of the 22^nd of September 2008, Pratap Dattatraya Joshi, breathed his last, and departed for his heavenly abode, at the Deenanath Mangeshkar Hospital in Pune.

Pratap Joshi was an epitome of simple living and high thinking. 

Born on the 6^th of March 1932, he imbibed sterling values from his father, DP Joshi, a Teacher and Scout, a legend in his lifetime.

Brigadier PD Joshi was a product of the prestigious First Course of the National Defence Academy (NDA – or 1^st JSW – as he liked to call it – then located in Dehradun).

Brigadier PD Joshi was certainly not the archetypal pompous hard-drinking handlebar-moustachioed high-falutin “Colonel Blimp” type of Army Officer.

He was not an elitist snob, but a simple honest patriotic professional who believed in grassroot soldiering. 

He was a simple, down-to-earth, Spartan, unassuming, dedicated, sincere, patriotic, scrupulously honest, erudite person possessing a golden heart filled with humility and compassion. 

Throughout his distinguished career spanning 37 years, and even thereafter, he spread happiness, benevolence and goodwill owing to his cheerful disposition, kind-hearted nature and inimitable sense of humour.

Forever young at heart – Pratap Joshi did not suffer from the Auld Lang Syne Complex. 

After retirement – unlike most retired “faujis” – he never lived in the past, languishing and brooding about the “good old days” – but he moved on with exceptional enthusiasm and childlike zeal to his new loves – music and social work.

Starting from the scratch – he studied classical music with sheer dedication, resolute grit and passionate zest for many years till he was bestowed with the prestigious post graduate degree of Sangeet Alankar. 

Then he taught music to one and all, free of cost – making special efforts to teach the needy and underprivileged.

Travelling extensively – and roughing it out in the heart of the mofussil – to rural and far flung regions – he made a significant social contribution to enhancing primary education in backward areas, as the Chief Trustee of the Natu Foundation Educational Trust. 

He eagerly contributed his expertise to Jnana Prabodhini and for improving the efficiency of Hospitals.

Pratap Joshi loved animals, especially dogs. 

He always had pet dogs, and showered his unconditional love on them and all the dogs that he came across in the neighbourhood, pet and stray. 

It was distressing to see Dolly desperately searching for him soon after he had gone away from us forever. 

We shall always remember the love with which he snuggled and cuddled Sherry, our pet dog – a “Doberman-X” girl – when she was a baby.

(Sadly – Sherry also passed away to her heavenly abode in December 2014)

Pratap Joshi had a genuine zest for living – and he enjoyed every moment of his life – indulging himself in his favourite foods, movies, travel, music etc

If he liked to do something – he did it – anything he liked – without caring for what others would think.

He laughed – and he made others laugh.

I first met Pratap Joshi in March 1982 – and he left such a lasting impression on me that I became his fan ever since. 

He was my father-in-law – more like a loving father who I could count on to stand by me, advise and inspire me, in happiness and in adversity – and I shall forever cherish every moment I shared with him. 

My son, a seafarer, was his favourite grandchild, the apple of his eye. 

It was a pity he could not be with his beloved grandfather during his last moments in September 2008 – as he was sailing on the high seas.  

Such are the tragedies and travesties of life, and death.

We will miss you dearly “Daddy”. 

You lived your life to its fullest and loved all of us from the bottom of your heart. 

We are sure you will shower us with your blessings from your heavenly abode. 

You were a noble and virtuous man who always did good to everyone you met and wherever you went. 

Pratap Dattatraya Joshi  (6.3.1932 - 22.9.2008) – RIP.

May His Soul Rest in Peace.

VIKRAM KARVE

Obituary First Posted on 22 September 2008 in this Blog at url link: http://karvediat.blogspot.in/2008/09/pratap-joshi-rip-remembrance.html