Army wants homosexuality, adultery to remain as punishable offences

The Army wants homosexuality and adultery to remain as punishable offences to ensure discipline and has made a representation to the Defence Ministry, a year after the Supreme Court decriminalised these acts, sources said on Thursday.

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 apex court last year decriminalised homosexuality and adultery.

The sources said the Army has approached the Ministry of Defence raising concern over the decriminalisation of the acts in question.

They said keeping the actions punishable would act as a deterrent, failing which there would be severe discipline issues and create a command and control problem.

At an interaction with reporters on Wednesday, General Ashwani Kumar, the Adjutant General in the Indian Army, said some cases could be "legally right but ethically wrong".

The Adjutant General's branch is responsible for welfare and also deals with different type of complaints against the Army personnel at all levels.

"Anything told by the Supreme Court is the law of the land and has to be abided," said Kumar, who superannuated on Thursday.

Asked whether the Army will go for a review of the apex court judgment, he replied "How do you know that we haven't already done so?"