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Army Wants Homosexuality And Adultery To Remain Punishable Offences

Any officer who faces charges of homosexuality will be put under section 45 for "behaving in a manner unbecoming of his position and character expected of him". Section 46, on the other hand, prescribes punishment for "any disgraceful conduct of a cruel, indecent or unnatural kind."

Charvi Kathuria

01 Nov 2019 00:00 IST

Updated On 01 Nov 2019 07:22 IST

New Update

The Supreme Court decriminalised homosexuality and adultery in 2018. The Indian Army, however, is firm on making homosexuality and adultery stay as punishable offences to ensure discipline in the army. It would also act as a deterrent for the officials to indugle in such acts. It has also made a representation to the Defence Ministry which comes a year after the Supreme Court decriminalised both.

The sources also said the Army Act had a provision under which its personnel can be charged for homosexuality and adultery, but now it will be under another provision of the same Act.

The Army deals with cases of homosexuality and adultery under the relevant sections of the Army Act that prescribe punishment unbecoming of an officer.

Key Takeaways:

The Indian Army is firm on making homosexuality and adultery stay as punishable offences
This will ensure that the army officials are disciplined and everything remains under control.
General Ashwni Kumar mentioned that five to six officers have been punished for moral turpitude so far but refrained from revealing the charges held against them.

The sources informed news agency Press Trust of India that the army contacted Ministry of Defence raising concern over the decriminalisation of homosexuality and adultery.

General Ashwani Kumar, the Adjutant General in the Indian Army told reporters that some cases could be “legally right but they are ethically wrong.”

The Adjutant General's branch ensures welfare of the army and also tackles a variety of complaints against the Army personnel at all levels.

Section 45 of the Army Act

The Army wants both adultery and homosexuality to be punishable under Section 45 of the Army Act.

“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 this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned,” the section reads.

The general also said that five to six officers have been reprimanded for moral turpitude so far.

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The Army Act governs the conduct of the army personnel

“Anything told by the Supreme Court is the law of the land and has to be abided,” said General Kumar. He was also asked if he will go for a review of the top court judgment. His reply, “How do you know that we haven't already done so?” The Army deals with cases of homosexuality and adultery under the relevant sections of the Army Act that prescribe punishment unbecoming of an officer, he said.

“Moral turpitude and corruption are not accepted,” General Kumar said.

General Ashwani Kumar, the Adjutant General in the Indian Army told reporters that some cases could be “legally right but they are ethically wrong.”

Any officer who faces charges of homosexuality will be put under section 45 for “behaving in a manner unbecoming of his position and character expected of him.” Section 46, on the other hand, prescribes punishment for “any disgraceful conduct of a cruel, indecent or unnatural kind.”

Army Chief General Bipin Rawat had also said in the past that homosexuality and adultery are not acceptable in the Army.

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Adultery Indian Army Section 377 homosexuality Army Act decriminalising homosexuality and adultery Section 45 of the Army Act

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