The Supreme Court on Thursday said that armed forces must have some kind of mechanism for disciplinary proceedings against their officers for adultery as "this is a conduct that can shake up the life of officers."
The Supreme Court on Tuesday ruled that armed forces can take action against their officers for adulterous acts, as it clarified the landmark 2018 judgment that decriminalised adultery.
The Centre on Wednesday urged the Supreme Court that its 2018 verdict decriminalising colonial era offence of adultery under the Indian Penal Code be not made applicable to armed forces.
The bench termed this aspect of Section 497 'manifestly arbitrary' and said it treated married women as 'chattel' on the ground that their relationship with other married persons depends on the 'consent or connivance of her husband'.
'The Supreme Court has reiterated that marriage is an important institution but it cannot depend on criminal prosecution.' 'It has to rest on certain surer foundations like love, mutual trust etc.'
Section 497 supports, safeguards and protects the institution of marriage, the SC said.
The apex court struck down Section 497 of the Indian Penal Code dealing with the offence stating it was archaic and violative of right to equality.
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