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

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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.
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