Wednesday, November 15, 2017

Single code urged for Indian Armed Forces

Global Military Justice Reform contributor Wing Commander (Ret) U C Jha has written this op-ed for Daily News & Analysis, urging India to move to a single disciplinary code for its armed forces. Excerpt:
The three service Acts differ on various safeguards available to military personnel. These Acts are unable to answer the needs of the modern soldier and are quite at odds with the liberal interpretation of the Indian Constitution. The existence of the separate Acts makes the use, interpretation, and amendment more complicated. It would be easier to modernise and amend a common code for the services than to do so individually. Following the creation of India’s tri-service Strategic Forces Command and uniformity in the functioning of the three services at various levels, there is a need for a uniform disciplinary code for the three services. A uniform code would be more appropriate in view of the fact that the three services are increasingly deployed on joint operations in India and abroad, for which they train together. A modern and fair system of service law is as important to supporting operational effectiveness as having the best-trained and equipped forces as possible.
The argument is unanswerable, but how long will it take to achieve the goal? One question that might be raised is whether the proposed common code would also cover forces such as the Indian Coast Guard, the Border Security Force or the other Central Armed Police Forces. 

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