Decriminalisation of adultery doesn’t apply on armed forces: SC

Subject: Polity

Section: Msc

Concept:

Armed forces would be at liberty to initiate disciplinary proceedings against officers and personnel for adultery notwithstanding that the Supreme Court had decriminalised the offence in 2018.
On Tuesday, a five-judge constitution bench clarified that in the judgment on September 27, 2018, the SC was concerned only with the validity of Section 497 of the IPC and Section 198(2) of the CrPC dealing with adultery, and had “no occasion whatsoever to consider the effect” with respect to the Army, Navy and Air Force Acts.

Armed Forces Tribunal

It is a military tribunal in India.
It was established in 2009 under the Armed Forces Tribunal Act, 2007.
The act was passed on the basis of recommendation of 169th Law Commission Report and various Supreme Court directives.
Powers and functions:
- To adjudicate Disputes and complaints with respect to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.
Composition:
- Each Bench comprises of a Judicial Member and an Administrative Member.
- Judicial Members are retired High Court Judges.
Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more or Judge Advocate General (JAG), who have held the appointment for at least one year.
Who can be a chairperson?
The person holding the office of chairperson of AFT must have been either a retired judge of Supreme Court or a Retired chief justice of high court.
Exceptions:
Paramilitary forces including the Assam Rifles and Coast Guard are outside the tribunal’s purview.
AFT is considered to be a criminal court with respect to Indian Penal Code, and Code of Criminal Procedure.
Appeals against the decision of the AFT can be taken only in Supreme Court. High Courts are not allowed to entertain such appeals.