bill no 251 of 2018 the armed forces law (amendment)  bill, 2018 byshri jagdambika pal, mp a billfurther to amend the army act, 1950, the navy act, 1957 and the air force act,1950 with a view to give equal rights and opportunities to members of the lesbian, gay, bisexual and transgender community to dedicate their lives for the nation and serve in the armed forcesbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary chapter ii amendments to the army act, 195045 of 1950amendment of section 452 after section 45 of the army act, 1950, (hereinafter referred to as the principal act inthis chapter), the following explanation shall be inserted, namely:—5"explanation—nothing  in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"amendment of section 463 after section 46 of the principal act, the following explanation shall be inserted,namely:—10"explanation—nothing in this section shall apply to consensual sexual acts committedbetween adults, whether of the same gender or of different genders"amendment of section 634 after section 63 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing  in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders" chapter iii15 amendments to the navy  act, 1957amendment of section 535 after section 53 of the navy act, 1957 (hereinafter reffered to as the principal act inthis chapter), the following explanation shall be inserted, namely:—20"explanation—nothing  in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"amendment of section 546  after section 54 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing  in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"25amendment of section 747 after section 74 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing  in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders" chapter iii amendments to the air force  act, 19503062 of 1957amendment of section 458 after section 45of the air force act, 1950, (hereinafter referred to as the principal actin this chapter), the following explanation shall be inserted, namely:—"explanation—nothing  in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"35amendment of section 469 after section 46 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing  in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders"amendment of section 6510 after section 65 of the principal act, the following explanation shall be inserted, namely:—40"explanation—nothing  in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders" statement of objects and reasonsmembers of the lgbt (lesbian, gay, bisexual and transgender) community have  for long been persecuted and discriminated against not only did society exclude and ostracize them, the state too punished them for their identity this systemic and social victimization was finally declared illegal and unconstitutional by the hon'ble supreme court in september 2018 in the landmark judgement in navtej singh johar & ors v union of india & orsthe apex court stated in unequivocal terms that respect for individual choice is the very essence of liberty under law and thus criminalizing carnal intercourse among persons of the same gender is irrational, indefensible and manifestly arbitary the court noted that archaic legal provisions from the colonial era criminalizing homosexuality were a weapon in the hands of the majority to seclude, exploit and harass the lgbt communitythe armed forces too treated differently and adversely those who did not adhere to normative standards and definitions of sexual identities and orientations as noted by the hon'ble supreme court, lesbians, gays, bisexual and transgenders have a constitutional right to equal citizenship in all its manifestations therefore, every person, irrespective of gender or sexual orientation, shall have the opportunity to serve their nation by joining the armed forces, which is an essential and core civilizational institutionwhile the judgement of the hon'ble supreme court has received praise and appreciation from all sections of society, questions have been raised whether the same would extend to the armed forcesthis bill seeks to make it clear that a person's sexual identity or orientation cannot form the grounds for disciplinary action of any kind under the act as held by the hon'ble chief justice of india, "only constitutional morality and not social morality can be allowed to permeate rule of law sexual orientation is one of the many natural phenomena, any discrimination on basis of sexual orientation amounts to violation of fundamental rights"the bill, therefore, seeks to amend the army act, 1950, navy act, 1957 and  the air force act, 1950 with a view to give equal rights and opportunities to members of the lgbt community to dedicate their lives for the nation and serve in the armed forceshence, this billnew delhi;jagdambika palnovember 27, 2018 annexure extracts from army act, 1950 (no 46 of 1950)unbecoming conduct45 any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned; and, if he is a junior commissioined officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned46 any person subject to this act who commits any of the following offences, that is to say,—certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or(c) with intent to render himself or any other person unfit for service, voluntarily causes hunt to himself or that person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned violation of good order and discipline63  any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned  extracts from navy act, 1957 (no 62 of 1957)53 every person subject to naval law who is guilty of,—uncleanness or indecent acts(a) uncleanness; or (b) any indecent act; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned54 (1) every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentionedcruelty and conduct unbecoming the character of an officer(2) every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned offences against good order and naval discipline74 every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specified, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned  extracts from air force act, 1950 (no 45 of 1950)unbecoming conduct45 any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court—martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned; and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned46 any person subject to this act who commits any of the following offences, that is to say, certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or(c) with intent to render himself or any other person unfit for service voluntarily causes hurt to himself or that person;shall, on conviction by court—martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedviolation of good order and air force discipline65 any person subject to this act who is guilty of any act or omission which though not specified in this act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned  lok  sabha———— a billfurther to amend the army act, 1950, the navy act, 1957 and the air force act,1950 with a view to give equal rights and opportunities to members of the lesbian, gay, bisexual and transgender community to dedicate their lives for the nation and serve in the armed forces————mgipmrnd—2641ls(s3)—21-12-2018