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)

“Office Wife” versus “Paper Wife”

LONG DISTANCE MARRIAGE, OFFICE AFFAIR AND DOUBLE GAME

Short Fiction - A Romance

By

VIKRAM KARVE

From My Creative Writing Archives:

Let me pull out from my creative writing archives a love story I wrote more than almost 9 years ago, in the year 2009, which was titled OFFICE WIFE aka I WANT TO MARRY YOUR HUSBAND 

 

It is a lighthearted love story about modern urban marriages and office romances

Do tell me if you like this this peppy romance with twists and turns... 

LONG DISTANCE MARRIAGE, OFFICE AFFAIR AND DOUBLE GAME

Short Fiction Story by Vikram Karve

Dramatis Personae 

Anamika Prem Kumar aka Anu 

Anu’s Husband Prem

Prem’s office colleague Priti

Part 1: “OFFICE WIFE” versus “LONG DISTANCE WIFE” 

“I want to marry your husband.”

“What? Are you mad or something?”

“No. I am not mad. Can’t you see? I am perfectly okay. I want to marry your husband. So I have come to ask you to please let him free…”

“I don’t want to talk to you. Please leave my office.”

“Come on Anu…”

“Anu? How dare you call me Anu. Listen Madam, my name is…”

“Your name is Anamika – Mrs. Anamika Prem Kumar, Senior Project Manager, IT whiz kid, ambitious, ruthless, careerist. I know everything about you. And don’t ‘madam’ me. Just call me Priti – that’s my name – Prem must have told you about me.”

“Priti? I have never heard of you. I don’t know who you are. And my husband Prem has told me nothing about you – he’s never even mentioned your name.”

“Funny, isn’t it? Think about it. I know everything about you but you know nothing about me. You see, your husband Prem tells me everything about you – each and every detail – yes, with me he even shares your intimate secrets – but he does not tell you about me – your darling husband hides his relationship with me from you!”

“Relationship? Intimate secrets? Prem has an intimate relationship with you? What nonsense…”

“Shall I tell you about your honeymoon? I know things only you and Prem should know?”

“Who the hell do you think you are? And why have you barged into my office unannounced?”

“I told you who I am. I am Priti. And hey, I didn’t barge in. I sent you my visiting card, and you called me in, isn’t it? It’s all there on my card, my name, designation, the company I work for. Let’s say I am your husband’s colleague, his work-mate, his teammate, we almost share the same desk...”

Anamika looks at the card, picks up her cell-phone, but before she can dial Priti interrupts her, “You’re calling your husband Prem? Don’t disturb him, Anu. Prem must be sleeping.”

“Sleeping? At eleven in the morning? He should be in office…”

“See, you don’t even know…”

“What?”

“Prem had his wisdom tooth extracted last evening – it was very very painful – Poor Prem – he was in such excruciating agony that I had to sit at his bedside the whole night.”

“You were with him the whole night?”

“Yes, I was with your husband Prem the whole night. First thing in the morning I gave him a sedative and painkiller. Then I drove straight down from Mumbai to Pune to meet you.”

“Are you telling me that you were sleeping with Prem the whole night?”

“No. No. It’s not what you think. We’re not having a physical affair – it’s purely platonic – maybe you can call it an emotional affair – at least till now – but it’s still a love affair – we love each other.”

“Love? How can he love you? I am his wife!”

“Wife? Oh yes, you are his legally wedded wife. But tell me Anu, are you ever there for him when Prem needs you..?”

“Prem needs me…?”

“See, you’re so busy out here in Pune chasing your career dreams that you don’t even know what suffering your husband is going through staying alone in Mumbai.”

“Of course I know. I speak to him on mobile phone every day – and we try and meet on weekends…”

“I know. Prem tells me all about your phone calls – and he also tells me how you bore him sick during your weekend rendezvous with your nauseating mask of fake love. Let me tell you that Prem is fed up of your sugary sweet talk, your pretence, your phony ‘caring and sharing’ act...”

“That’s not true. Prem and me – we spend ‘Quality Time’ together…”

“Ha, Ha –  ‘Quality Time’ indeed – once a week – it’s once a month now isn’t it – since you have started working on weekends to meet your deadlines – and the long gaps when you go globetrotting on your projects. Well you may be having your rare moments of ‘Quality Time’ with Prem, but let me tell you one thing – Prem and I are spending plenty of ‘Quantity Time’ together – in office, in the evenings, we are together almost all the time – and that’s what really matters…”

“Listen Miss Priti – I have tolerated you long enough. I think it is time for you to leave now – I have work to do. And before you go, please listen carefully – I am warning you – you just breakup your relationship with Prem – you better not try to steal my husband from me…”

“Steal your husband? My dear Anu – there is no need for me to steal your husband – he is already mine – it is you who have thrown Prem into my arms – and I am quite happy to have him in my arms – and I am going to hold onto him tightly...”

The woman called Anu gets up, and she says to Priti, “I think it is time for you to go now. Please leave...”

“I will tell Prem to get the papers ready. I think it is best to get this over with as fast as possible,” Priti says.

“Papers? What papers? I am not going to sign any papers. And I am warning you Miss - whatever your name is - you just stay away from my husband. Now just go away. Good Bye!”

“Be reasonable, Anu. We are three persons in this marriage. That’s not good. There should be only two persons in a marriage, not a threesome. You are Prem’s “paper wife” – but I am his “office wife”. In fact, now I am much more than his office wife. Between the two of us I think I am more in tune with him. So I think it is you who will have to leave the threesome. Think about it. Take your time. I am sure you will understand,” Priti says.

Then Priti walks out of Anu’s office.

Part 2: PRITI CALLS UP HER “OFFICE HUSBAND” PREM

Priti does not take the lift.

She deliberately walks down the staircase.

She reflects on her tête-à-tête with Anu.

Priti feels happy and congratulates herself on a job well done.

She returns her visitor’s pass at the reception, walks past the foyer, crosses the road and reaches her car.

The moment Priti sits in her car she calls up her “office husband” Prem in Mumbai from her mobile.

“I spoke to her,” Priti says to Prem, the moment comes on line.

“I know. Anu rang me up just now,” Prem says.

 “What? Your wife rang you up? So fast?”

“You really seem to have really rattled her. Anu is coming down to Mumbai this evening after work. She has taken a week’s leave. She wants to stay with me in Mumbai and talk things over. She was even asking about the pain in my wisdom tooth. She said she wanted to look after me...!”

“Really?”

“Thanks, Priti. I think you have saved my marriage.”

 “Come on Prem. There is no ‘thank you’ and ‘sorry’ between friends.”

“Yes, Priti, you’re really my true friend, my best friend in the world!”

“Hey, don’t get sentimental. And by the way, if she does not turn up, if she gives you a ditch – if Anu ever dumps you – just remember I am always there for you. But I’m sure she’ll come and everything will work out fine for you two.”

“I hope so.”

“I am sure of it. Anyway now I am going to make myself scarce for a few days and spend some time with my sister in Pune. We’ll meet at the office next week and talk. Bye. Take Care.”

“Bye,” Prem says and he feels a flood of love, a unique kind of affection, a sort of warm gratitude for Priti.

Part 3: ANU AND HER “OFFICE HUSBAND”

Meanwhile, in Pune, Prem’s wife Anu aka Mrs. Anamika Prem Kumar leaves her office.

Anu walks across the corridor and enters the cabin of her “office husband”. 

She enters and closes the door.

“You won’t believe it,” Anu laughs, “My husband Prem is having an affair...!”

“Your husband is having an affair? I cannot believe it...” the man says.

“The female was here. Her name is Priti. She works in my husband Prem’s office in Mumbai. She came here all the way from Mumbai,” Anu says.

Then Anu tells everything to her “office husband”. 

(Well – having “office spouses (“office husband” and “office wife”) is quite a common phenomenon nowadays – especially in long distance marriages. Of course – in Anu’s case – the man is much more than a mere “office husband” – he is her companion, her soul-mate, her paramour, her lover – call him what you like – and yes – there is always a possibility that an “office husband” may become an actual husband...!!!)

The man, Anu’s “office husband”, listens intently, as Anu tells him each and everything that Priti told her about Prem and Priti – and their relationship .

“Just imagine, Anu – you were almost going to tell your husband about us – and you were feeling so guilty that you were cheating on him and having an extramarital affair with me. Now – what are you going to do?” the man asks.

“I am going to Mumbai to meet my husband Prem. I will throw a real tantrum about his affair with Priti – I will create a ruckus, I will tell Prem that he is a cheat – I will accuse him of infidelity, of being disloyal, of betraying me – I will tell him I want a divorce because of his adulterous relationship with Priti. Now – there is no need to tell him about us – there is no need for me to feel guilty. Let Prem think that he alone is fully responsible for our breakup – let him feel guilty – that it is all his fault. Rather than I have a guilty conscience because of our affair – I think it is better that he has the guilty conscience – isn't it?”

“Yes...” the man says, “it is much better that your husband has the guilty conscience.”

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 an updated version of my story OFFICE WIFE aka I WANT TO MARRY YOUR HUSBAND written by me in July 2009 and first posted in my creative writing short fiction blog at url: https://karvefiction.wordpress.com/2009/07/20/office-wife/ and http://karvediat.blogspot.in/2013/03/infidelity-blog-fiction-story-no-7.html and http://creative.sulekha.com/i-want-to-marry-your-husband_78326_blog etc