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Army Questions Sexuality

Army Questions Sexuality .

On 10th January 2019 Army Chief General Bipin Rawat said at the annual press conference that "Adultery and Homosexuality have been decriminalize in the Country by the Supreme Court but the Army is conservative and they will not be allowed to perpetuate into army " .
 Army Questions Sexuality

Let's Understand some terms

What is Adultery?

Adultery is Extramarital Sex i.e. voluntary sexual intercourse between a married person and someone other than that person's current spouse or partner.
Army Questions Sexuality
Army Questions Sexuality

What laws says about Adultery ?

Section 497 of the Indian Penal Code was  dealing with Adultery and says that under a case of adultery the man who have consensual sexual intercourse with the wife of another man without his consent can be punished and this case of adultery can use as an evidence for divorce but the women would not be punished.

On September, 2018 the Supreme Court of India called the law un - constitutional  because it treat the husband master and violates Article 14 and 15 of the constitution , so the Supreme Court Strick down the law.

What is Homosexuality?

Homosexuality is is romantic and sexual attraction between members of the same sex or gender.
Army Questions Sexuality
Army Questions Sexuality

Law related to Homosexuality in India.

The Homosexuality was governed by section 377 of the Indian Penal Code which prohibits sexual activity against the order of the nature  and make it punishable.

On July,2018 Supreme Court said that Choosing a partner is every person's Fundamental right.

On September,2018 Supreme Court struck down the part of section 377 which criminalise consensual homosexual activities.

What laws Other Country Have

Homosexuality in military service is legal in 175 country and illegal in 20 and in 5 country don't ask don't tell policy is followed.

What till now army do

If someone have extra Martial affairs have usually sacked after court -martial , something without even pension and other benefits . Over the years a few major general have also been told to quietly put in their papers and leave the service.

Is Military Court/army Court Superior to Supreme Court 

According to The Armed Forces Tribunal Act , 2007
Section 30(1) - Provides for an appeal to the Supreme Court of India against a final decision of the Tribunal or Military Court , prefered within 90 days of the date of said order.

As per this section we can say that Supreme Court can override The Armed Forces Tribunal i.e have greater power then Armed Forces Tribunal so we can conclude that Supreme Court is Superior to Armed Forces Tribunal or military court.

So the Army Chief Statement that "we will not be allowed to perpetuate into the army " is a false Statement because he  doesn't have the power or authority to overturn Supreme Court Judgement.

Conclusion

The army  could follow  protectionist policy as they claim to protect their Javan ,but keep care that they don't infringe upon others right .

As any one want to make any adition feel free to comment.


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