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)

Friends with Benefits

FRIENDS WITH BENEFITS

Fiction Short Story

By

VIKRAM KARVE

“Nothing has changed between us…” the man says.

“What do you mean “Nothing has changed between us”…? You are now a “married man”…” the woman says.

“That is only on paper. Our relationship will be just the same as before…”

“Just imagine the shock I got – I came to the airport to receive you – full of anticipation – and – the moment I saw you – I rushed towards you – and – I kissed you – and then – you introduce me to this woman – and – you tell me that she is your wife…”

“You shouldn’t have come to the airport – I messaged you not to come to the airport…”

“I missed you so much. And – you never told me that you have got married – and – that you are coming with your new bride…”

“I was going to tell you today – in office…”

“What about her – your wife – how much does she know…?”

“She just knows that we work together – that’s all…”

“I am sure she suspects. She saw me kissing you…”

“You don’t worry about her – I told her that it is the custom here to kiss colleagues – like we do Namaste in India – she said that she understood and that it was okay…”

“She seems to be very naïve and simple…”

“She is a “rustic” type – a “small town girl” – she hasn’t even visited a city – leave alone another country – this is the first time she is seeing a new place…”

“But still…”

“Please Sophie – let’s not talk about her – she is my wife – I will handle her – she will be busy at home with housework – and we will continue to be “friends with benefits” like before – nothing will change in our relationship.

The man (Arun) – and the woman (Sophie) – they look at each other for some time – then – they kiss each other – a passionate kiss – and then – they kiss again and again – and – overcome by the throes of passion – they make love – right there – on the couch – in the office.

After a frenzied bout of lovemaking – they lie on the couch – satiated – and then – the man gets up – and he starts to put on his clothes.

Dressed and ready to go – the man picks up his briefcase – and – he says to the woman:

“I hope I don’t miss my flight. I’ll try to finish of the work today itself and come back by the evening flight. From the airport – I will come straight to your place – and we will spend the night together. I have told my wife that I will be returning tomorrow evening – so she won’t know anything…”

After the man leaves – the woman tidies herself – she walks to her desk – and she begins her work.

To be continued… 

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 fictional 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. 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) 

It Takes Two to Tango – Stealing Affection – An “Affair of the Heart”

Things that are considered trivial in the civilian world become headline news in the military world. 

Is a consensual love affair between two ordinary civilians considered newsworthy...? 

However – a consensual love affair between two military officers is hyped and sensationalized by the media into a news report with a scandalous headline:  “Alleged affair between two Army Majors lands them in trouble” 

In the news item above – there is a rather curious quote:

“There is enough persuasive evidence against the Major (male officer) and the Major (female officer) and both are blameworthy of having entered into relationship against the norms and ethos of the Indian Army...”

Reading this reminded me of a blog post I had written many years ago... 

Stealing Affections – It Takes Two to Tango

Sometime ago – I came across a rather curious news-report about a “stealing affections” case. 

One does not know the truth about the allegations/case – and – the truth will be found out by the inquiry. 

In most “stealing affections” cases – men are accused of “stealing affections” 

But – in this case – an allegation of “stealing affections” has been made against a woman. 

After reading this news-report – I remembered a Story that I had posted on my blog around 4 years ago in July 2014. 

I had written this story after reading a newspaper report on a “stealing affections” case.

Here is the story once more for you to mull over.

From My “Humor in Uniform” Archives 

NB: This Post Was Originally Written on July 19, 2014 and revised later. Link to my original post in my blog Academic and Creative Writing Journal Vikram Karve: http://karvediat.blogspot.in/2014/07/humor-in-uniform-stealing-affections-it.html

Stealing Affections – It Takes Two to Tango

A Fictional Spoof

By

VIKRAM KARVE 

NB: This Story Was Written on July 19, 2014

There was a recent news-report in the newspapers about a Navy Commodore being sacked as he was found guilty of “stealing the affections of a brother officer's wife”. 

The term “stealing affection” is the military euphemism for “adultery”.

Stealing the affection of a brother officer’s wife is deemed to be conduct unbecoming of an officer and conduct prejudicial to good order and discipline and is considered to be an offence.

Don’t you feel that the expression “stealing affection” is a misnomer...?

The word “steal” implies that you take something belonging to someone else without her knowledge or consent.

Can you “steal” someone’s “affections” without the other person knowing it...?

Is it a case of one-way love...?

Or – is the lady (brother officer’s wife) willingly giving her affections to the officer (her husband’s colleague)...?

If the lady is willingly giving her affections – can the officer be accused of “stealing” affections...?

And – if the officer had forced his affections on the lady – she could have complained of rape or molestation – or outraging the modesty of a woman – for which the punishment is much more severe than mere dismissal.

There is a difference between “sexual harassment” and a “love affair” between two consenting adults.

An officer can “steal” the affections of a brother officer's wife – only because the brother officer’s wife is “willing” to have her affections “stolen” by him.

In a love affair – the relationship and the sex – both are consensual.

So – isn’t the woman equally responsible for the adulterous love affair...? 

IT TAKES TWO TO TANGO

It takes two to tango.

Yes – it takes two willing people to commit infidelity – not just one.

Both the man and the woman are equally guilty of indulging in the immoral act of adultery.

But – in most cases – the man is punished severely – even sacked from his job – whereas the equally guilty woman goes scot-free. 

Is this fair...?

From an ethical point of view – is it ethical to blame only the man for the adulterous love affair in which the woman has willingly participated...?

Is it not a case of “reverse gender bias”...?

“Extra-Marital Affairs” and “Stealing Affections” are not new to the Navy.

Surely – you have heard of the famous Commander Nanavati Case – which – some say – was instrumental in abolishing the jury trial system in India.

As far as the Navy “Social Mores” are concerned – it seems okay for officers to “sow their wild oats” outside the service environment. 

Even in cases of “stealing the affection of a brother officer’s wife” – as long as the love affair is kept discreet – everyone looks the other way.

The Navy cracks the whip only when one of the aggrieved spouses complains – and the complainant is mostly the “cuckolded husband” – the officer whose wife’s affections are being “stolen” by another officer.

The saddest part is that – the wife of the “straying” unfaithful husband – she is hit by a “double whammy”.

First – she has to bear the social humiliation associated with her husband being accused of committing adultery with another woman – and being punished for “conduct unbecoming of an officer”.

Second – she has to suffer financial consequences of her husband losing his job – and maybe – his pension benefits – if he is dismissed with disgrace.

The financial jolt due to loss of job and income of the breadwinner can be particularly severe if the wife is a homemaker financially dependent on her husband.

The children suffer unimaginable agony too.

Earlier there were no Lady Officers in the Armed Forces.

So – the only sexual “offence” involved male officers “stealing the affection of a brother officer's wife”.

With the entry of Women Officers in the Defence Services in the 1990’s – new possibilities have emerged.

Whereas for male officers – stealing the affection of a brother officer’s wife is deemed to be conduct unbecoming of an officer and conduct prejudicial to good order and discipline and is considered an offence – in the case of female officers – will the same apply to “stealing the affection of a sister officer’s husband” or “stealing the affections of a married officer”...?

By the way – for a lady officer – stealing the affection of an unmarried “brother officer” is considered okay.

Conversely – stealing the affections of an unmarried “sister officer” seems okay for unmarried male officers. 

In fact – “brother officers” are permitted to marry “sister officers”. 

Yes – male officers are allowed to marry female officers – and there are many “military couples in uniform” in the Armed Forces. 

(Love Affairs between “brother officers” and “sister officers” are considered okay – provided both are unmarried. 

Of course – in the military – extramarital affairs are not considered okay – even though they may be consensual in nature).

It is all very confusing – so all I will say is that – “stealing affection” is an “affair of the heart” – in which – “It Takes Two to Tango...”

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 fictional 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. 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) 

Revised Repost of my article “Stealing Affections – It Takes Two to Tango” posted online around 4 years ago on 19 July 2014 at url:

 http://karvediat.blogspot.in/2014/07/humor-in-uniform-stealing-affections-it.html  and http://karvediat.blogspot.in/2016/08/stealing-affections-it-takes-two-to.html  and https://karve.wordpress.com/2016/08/04/it-takes-two-to-tango-so-why-blame-the-man-alone-for-stealing-the-affection-of-a-brother-officers-wife/  and http://karvediat.blogspot.in/2017/07/it-takes-two-to-tango.html etc

Guilt Purchase – Gifts in lieu of Guilt

GUILT PURCHASE – GIFTS IN LIEU OF GUILT

Fiction Short Story

By

VIKRAM KARVE 

Two salesgirls are talking to each other in a posh jewellery showroom in the shopping arcade of a luxury hotel

“I wish my husband was like him…” 

“Who…?”

“That man who just bought that expensive diamond necklace as a gift for his wife…”

“Oh – him…?”

“He comes here so often. And – every time – he asks you to select a gift for his wife – and – you select an expensive item – just to make more profit – and – he just buys it without a second thought – and he gets it gift-wrapped for his wife – with a cute card telling her how much he loves her…”

“Yes – he is a good customer…”

“His wife is so lucky to have such a doting husband – he must be passionately in love with his wife…”

“Well – I don’t know whether he is a “doting” husband or not – but – I don’t think he is “passionately” in love with his wife…”

“What do you mean…? Then why does he buy such expensive gifts for his wife so often…?”

“Guilt Purchase…”

“Guilt Purchase…? What do you mean…?”

“All those “gifts” are a “guilt purchase” – gifts in lieu of guilt – gifts to compensate his “guilty conscience” for his misdemeanors…”

“Misdemeanors…?”

“Many husbands buy expensive gifts for their wives while having “affairs” with other women…”

“Oh – so it is these “guilty conscience” gifts that you are calling “guilt purchase”…?”

“Aren’t they “guilt purchases” – to assuage your “guilty conscience” after you know that you have done something wrong…?”

“Oh – so every time you “transgress” – you give your wife a “gift” – to “wash off” your “sins” – that seems to be his motto…”

“Yes – and – the bigger the transgression – the larger the guilt – and the more expensive the gift…”

“Oh – so he seems to be having a terrific affair – no wonder he bought that expensive diamond necklace as a “guilt purchase”…”

“Yes – right now he is having a really passionate affair – a “terrific affair” – as you put it…”

“How do you know all this – that he is having a “passionate” affair…?”

“I know – because – I am the woman with whom he is having an affair…”

“What…?”

“Yes. I am having a torrid affair with him right now…” 

“Oh. No wonder he comes here so often…” 

“Yes. Whenever he comes here – it is a signal to me that he wants to meet me in the evening at our secret place. We never communicate on phone or by other means – just as a precaution – we need to be careful not to get caught – especially him…” 

“And – also to buy a gift for his wife – a “guilt purchase” – a “gift in lieu of guilt” – to give his wife – after enjoying a “passionate session” with you…”

“Ha Ha – maybe…”

“Does he give you gifts…?” 

“Why should he…? With me – he doesn’t have a guilty conscience – and – neither do I. We just want each other – that’s all – you can say that we are “friends with benefits”…” 

“Wow...!!! I was just wondering…” 

“What…?”

“I was wondering what married women who have affairs do…? Do they also give “guilt purchase” gifts to their husbands…? Tell me. Do married women who have extramarital affairs also give “gifts in lieu of guilt” to their husband to compensate for their “guilty conscience”...?”

“Well – I really don’t know what married women who have affairs do – because I am not married – but maybe – wives who have affairs also give “guilt purchase” gifts to their husbands – or maybe – they compensate their “guilty conscience” in some other way…” 

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:

This story is a work of fiction. Events, Places, Settings and Incidents narrated in the story 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)

This is a revised abridged repost of my story GUILT PURCHASE written by me Vikram Karve more then one years ago in July 2016 and posted online in my blog at url: http://karvediat.blogspot.in/2016/07/guilt-purchase-love-story.html