Adultery and homosexuality have been decriminalized! Every institution must accept this, including the Army – TOI Editorials, November 1, 2019
The secular world is often far ahead of the Churches and organized religions in religious and moral matters, although organized religions claim, nay even boast to be the conscience keepers and guiding lights for the nations.
Two stricking examples are: homosexuality and adultery, also termed, consensual sex. Both are still venemently discussed in the Church, while many countries have already settled the issue by law or plebiscite (Ireland).
Claim of Know-alls
We saw the tug of war at the Amazone Synod: – on celibacy, gay-sex, married priesthood both for men and women and still unsettled — and on many other socio-political issues. Of course many global issues, whether social, political, religious or spiritual, remain to be clarified and rationally convincing. That tells us we are all in the larning process only. What is to the blamed or condemned is the arrogant attitude of KNOW-ALLS, claiming themselves to be last word on all religious and Godly matters.
Those who think they are standing firmly on their feet should reflect on the scriptural warning: “Let him who thinks, he is standing firmly make sure that he doesn’t fall at the next step.”(Cave cadas) Those who strive to grasp the Whole Truth, must first realize, it is like swallowing or gulping down the entire Ocean — impossible! That is what prompted a puny mind like this scribe,to call himself a ‘Know-nothing’.
Read and reflect on the TOI editorial, especially the clarifying report on the practice and theory – conflicting — in the army. james kottoor, editor CCV.
Please read below the TOI EDITORIAL & Report
Arguing that it follows “a certain code of ethics” to ensure good military order and discipline in its ranks, the Army says it will continue to take action against officers and soldiers for “unbecoming conduct”, which includes consensual same-sex acts or extra-marital affairs.
But this goes against both the letter and spirit of recent Supreme Court judgments that have struck down the relevant colonial era sections of IPC.
In September 2018 a five-judge constitutional bench of the Supreme Court unanimously scrapped Section 497 of IPC, saying that while adultery can be a ground for divorce it just does not fit the concept of a crime. And earlier that month, another constitution bench unanimously read down Section 377 of IPC that denied homosexual citizens the right to pursue their sexual orientation.
As laws of the country outgrow medieval mindsets and embrace the spirit of the 21st century, no institution of the country can be run by some capricious moral alternative to these laws. Already the army has seen the quashing of a few court-martial proceedings by civilian courts. While nobody would deny that the army needs to ensure good military order and discipline in its ranks, ways of doing this need to evolve beyond peeking into bedrooms and punishing consensual relationships.
In another clarifying report, Times of India adds: That the Aarmy won’t tolerate adultery & homosexuality!
Asked if the armed forces will seek a review of the Supreme Court judgments to ensure military personnel are excluded from the Army’s ambit, the Army’s outgoing adjutant general Lt-General Ashwani Kumar said, “How do you know we haven’t already done so?”
The Army remains steadfast that it will not tolerate homosexuality or adultery in its ranks despite supreme court decriminalizing them last year. The force, in fact, is quite clear that it will continue to take action against officers and soldiers for “unbecoming .. conduct” under Section 45 of the Army Act of 1950.
But the over 12-lakh force is certainly grappling with a legal conundrum after the Supreme Court judgments struck down the relevant colonial-era sections from the relevant colonial-era sections from the Indian Penal Code(IPC), which in turn have already led to quashing of a few court martial proceedings by civilian courts.
Lt Gen Ashwani Kumar said, "the Army will abide by the law of the land” but “something which is the law of the land may not be ethical and vice versa”, he added.