Reconsider punishment given for adultery: Tribunal tells IAF

JODHPUR: Nearly four years after the suicide of Squadron Leader Anindita Dasgupta, the Armed Forces Tribunal's Kolkata bench has asked the Indian Air Force (IAF) to consider and convert Flight Lieutenant Ishan Sharan's sentence as 'dismissed from service' into 'released from service'.
Anindita's husband Sqn Ldr Vishak Nair and Flt Lt Ishan, who was accused of an extramarital affair with the lady officer, were posted in Jodhpur at the time of the suicide on the intervening night of November 27-28, 2012.
Flt Lt Sharan was dismissed from service on June 28, 2013 based on the report of a Court of Inquiry (CoI) holding him guilty of adulterous relations with Anindita and thus 'stealing a fellow officer's love and affection'.
The landmark judicial review by the AFT on September 14, 2016, while asking the IAF to revisit the punishment under changing social scenario, took an exception to the dismissal letter and its wordings. The Tribunal held that the dismissal letter holding Sharan guilty of "stealing the affection of wife of a brother officer" smacks of patriarchy and punctilious mindset.
The order states, "While certainly extra marital relations should not only be discouraged and disapproved in no uncertain terms, to hold only one party responsible, that is, the male and not the female who may be as educated, as mature, even older and senior than the male is reflective of a predisposed and biased mindset that also assumes that the wife of a brother officer is the property or chattel of the male and not an independent person in her own right who has the freedom to choose to live her life on her own terms. It does not take into account that in a marriage in the 21st century, a well qualified, educated wife especially one in the Services and from a cosmopolitan background who holds the same rank as her husband does have a mind of her own, a free will of her own, may pursue a path, however abhorrent and objectionable to her husband, including having an affair."
"Time has come when aspects such as unfortunate break ups of existing marital relationships, consensual relationships with others and infidelity should not be viewed so seriously as to lead to the dismissal or even graver punishments that the IPC and the statutory Acts of the Army, Navy and Air Force provide for," said the Tribunal.
Terming the CoI as flawed, the Tribunal held that Sharan's dismissal was harsh especially when the deceased seemed insistent on continuing with the relationship and circumstances that led to the tragedy were not taken into account.
The AFT concluded that "at a belated stage when much water has flown under the bridge...it would be inexpedient and unwise to ask the Air Force authorities to take a fresh look at the entire episode in the light of the conclusions we have drawn. However, we cannot allow the stigma of dismissal to continue to remain on record given the special circumstances of the case".