New Delhi: After the Supreme Court order that decriminalised gay sex in the country, the three defence services are now discussing whether they will have to review their respective Acts under which homosexuality is a court martial offence. ‘Offenders’ till now were dismissed from service and in some cases — even awarded a jail term.

“As per the respective Acts governing the three services, homosexuality is a court martial offence and offenders are dismissed from service. Now, the Supreme Court verdict has thrown a question whether the three services will have to review their respective Acts dealing with the issue of homosexuality,” government sources told MyNation.

The three services have a provision for jail term ranging from two years to seven years for being homosexual in the force.

Sources said in the past, whenever these cases were brought to the notice of the authorities concerned, the accused were tried by a court martial and were, if found guilty, dismissed from service and sent home.

The three forces are now considering a scenario when they dismiss someone indulging in homosexuality and they approach the courts against the decision of a court martial, they might be reinstated or allowed to continue in forces again.

Sources said the three services are now thinking of holding a meeting with the Ministry of Defence on the ways of dealing with the past cases and issues that may prop up in the future.

A few years ago, a senior officer of the rank of Brigadier had to quit the service after some troops recorded his actions with a soldier and the matter reached senior authorities.

A five-judge bench headed by Chief Justice of India Dipak Misra along with Justices D Y Chandrachud, Rohinton Fali Nariman, AM Khanwilkar and Indu Malhotra scrapped the Section 377 of the Indian Penal Code and decriminalised sexual acts between lesbians, gays, bisexuals, transgenders and intersex (LGBTI) individuals and communities.