Section 46 (a) says any person guilty of any disgraceful conduct of a “cruel, indecent or unnatural kind” will, on conviction by court-martial, face up to seven years in jail.Īlso read: Army chief rules out gay sex, adultery in Indian Armyĭo Rawat’s comments contravene Supreme Court verdict? Section 45 the Army Act, 1950, talks about the “unbecoming conduct” of officers without detailing it. Laws governing the three arms of the Indian military bar homosexuality - although through euphemisms and not explicitly - and rule it a punishable offence. Military rules that could apply to gay sex The apex court overruled its own 2013 verdict and partially struck down Section 377, the British-era law that banned sex between consenting adults of the same gender. In a landmark judgment delivered in September 2018, the Supreme Court ruled that homosexuality was no longer a crime in India.