Abstract
The Indian military ranks fourth in the world after the US, Russia, and China. But soon after India gained independence from British rule, it was hard to imagine that a poor, fragmented, and deeply traumatized country would become a military powerhouse in 60 years. How and why did these changes happen? Has India’s growing military power led to a more assertive and adventurous foreign policy, particularly in South Asia? What does the rapid military transformation of India in the 21st century, especially the Indian Navy, say about India’s perception of a threat to national security? In this article, I argue that the Indian military’s expansion and modernization have happened in phases, mainly as a reaction to threatening developments within the surrounding region, the evolving global strategic environment, and the perceptions and decisions taken by India’s political elites. I also argue that as India’s military power and self-confidence grew, Indian leaders were sometimes tempted to show off their military prowess, especially in low-intensity regional conflicts, but this did not always lead to the expected results. My conclusion is that in the 21st century, the Indian Army and especially the Indian Navy are undergoing rapid expansion and change. This suggests that aside from the threats posed by the western and northern land borders with Pakistan and China, respectively, India’s security planners are anticipating growing threats to national security from the Bay of Bengal, the Arabian Sea, and the Indian Ocean’s deep waters.
Keywords: Military Justice, Navy Act, Armed forces Act, Air force Act
Research Methodology
This article is descriptive and the research is based on secondary sources for an in-depth analysis of military laws their origin, historical background, reforms, their downfalls, and military laws in other jurisdictions. The research uses secondary sources of information such as newspapers, magazines, and websites.
Literature review
“Military justice” refers to a system of legal acts regulating the activities of military personnel. Each country has a separate legal organization regulating the behavior of military personnel. Military justice requires a quick resolution and cannot currently be achieved through discussion and debate alone. In most cases, the commander’s point of view is imposed on his subordinate officers. The current military law system needs many changes and reforms in terms of judicial appointments and judicial procedures. You must check your member information and make appropriate corrections. The work and powers of the Armed Forces Court should also be reviewed and reformed to Improve the legal system. Any corrective action must be taken immediately. “Military justice” refers to the system of laws and regulations governing the activities of military personnel. Each country has a separate legal organization regulating the behavior of military personnel. Military justice in any country refers to the legal system designed to regulate that country’s armed forces. India’s military justice system has its roots in British military law. In 1857, the British made a city council to govern the people. After the 1857 Rebellion, a major goal of British military justice developers was to instill discipline among the Indians. Only minor amendments were made before the Independent Government of India passed British law. Army law, naval law, and air force law are the three major military laws of India. The three acts are virtually identical with a few minor differences. The provisions of the law concerning men and women in uniform are set out in this law. The armed forces have their laws, but they are the same as the Army, Navy, and Air Force. The Frontier Forces Act, Coast Guard Act, Indo-Tibet Border Police Act, and Assam Rifles Act are all India’s military-inspired laws.
Historical Background of military laws
Military law in India has a rich and complex history that spans thousands of years. From the ancient civilizations of the Indus Valley and Vedic period to the colonial era and modern-day India, military law has played a critical role in shaping the country’s military justice system. In this paper, we will explore the historical background of military laws in India, tracing their development and evolution over time.
- The Indus Valley Civilization (c. 3300 BCE – 1300 BCE) was one of the earliest civilizations in the world, located in the northwestern region of the Indian subcontinent. The civilization was characterized by advanced urban planning, sophisticated water management systems, and extensive trade networks. Although little is known about the military organization of the Indus Valley Civilization, archaeological evidence suggests that the civilization had a well-developed system of defense, including fortified cities and military structures.
- The Vedic period (c. 1500 BCE – 500 BCE) saw the emergence of the ancient Indian scriptures known as the Vedas, which provided guidelines for social, religious, and political life. The Vedas also contain references to warfare and military organization, including the use of chariots, elephants, and horses in battle. The Vedas also provide insights into the caste-based social hierarchy of ancient India, which had a significant impact on military organization.
- ● During the Maurya Empire (c. 321 BCE – 185 BCE), India experienced a period of political and military unification under the leadership of Emperor Ashoka. Ashoka is known for his policies of nonviolence and religious tolerance, as well as his establishment of a system of military justice. The Mauryan army was divided into four main divisions: infantry, cavalry, chariots, and elephants, and was commanded by a general known as the Senapati.
- The Gupta Empire (c. 320 CE – 550 CE) marked a period of cultural and scientific flourishing in India, as well as significant military expansion. The Gupta army was composed of infantry, cavalry, and elephant units, and was led by a general known as the Mahasenapati. The Gupta period also saw the development of the concept of dharma, or moral duty, which played a critical role in shaping military ethics and conduct.
- In the medieval period, India saw the emergence of several powerful empires and kingdoms, including the Chola Empire, the Rajputs, and the Mughal Empire. These empires had well-organized armies, with infantry, cavalry, and artillery units, as well as significant naval forces. The Mughal Empire, in particular, was known for its highly organized and professional army, which was composed of soldiers from diverse religious and ethnic backgrounds.
- During the British colonial period (c. 1757 CE – 1947 CE), India became a British colony, and the British introduced their system of military law. The British Indian Army was one of the largest and most professional armies in the world, and it played a critical role in maintaining British colonial rule in India. The British introduced a system of military justice based on the British Army Act, which provided for the trial and punishment of soldiers for offenses committed both on and off duty.
- After independence in 1947, India established its military justice system, which was largely based on the British model but with some modifications to suit Indian conditions. The Indian Army Act of 1950 provided for the trial and punishment of soldiers for offenses committed while on duty, and the Army Rules of 1954 provided detailed procedures for the conduct of military trials. The Indian Navy and Indian Air Force also established their military justice systems, based on the Army model.
- In recent years, India has made significant efforts to modernize its military justice system, with a focus on ensuring fairness, and transparency.
Introduction
The military system in India ranked 4th among the world’s largest military systems, having million-plus well-trained, disciplined volunteers equipped with modern weapons and ammunition. The robust air force with modern fighter jets that are capable of playing both offensive and defensive roles, a blue-water-capable navy whose strength is rapidly growing with the acquisition and development of aircraft carriers, submarines, and a plethora of other oral assets. 67 years ago, the time when Bristishers were ruling India, a poverty-stricken fragmented, and deeply traumatized country would emerge as a military powerhouse (Ganguly, R. (2015)). In the South Asian region, India’s growing military prowess resulted in a more robust and Adventist foreign policy.
During Independence, India’s military was mostly used to protect and consolidate British power in India. In the initial years of British colonization, the East India Company had to fight many battles against the Indian princes, which resulted in the gradual expansion and consolidation of British rule. The power of the company led to the expansion of the military. During the Soldier’s Mutiny in 1857, Indian soldiers refused to take orders from the British government. The Indian Army developed into a discipline fighting force over the next 90 years.
India has a rich history of military traditions that date back centuries. The country’s military laws have evolved, reflecting the changing political and social landscape. Since its independence in 1947, India has enacted several laws that regulate the country’s military forces. These laws cover various aspects of military life, from recruitment and training to discipline and punishment. In this article, we will examine the military laws in India since 1950.
India’s military laws are rooted in its constitution, which was adopted on January 26, 1950. The constitution lays out the framework for India’s democratic government, including the role of the military. Article 246 of the constitution grants the central government the power to make laws relating to the defense of the country.
India’s military is composed of three branches: the Indian Army, Indian Navy, and Indian Air Force. Each branch has its own set of rules and regulations, but all are subject to the overall military laws of the country. The recruitment process for the Indian military is governed by several laws, including the Army Act, the Navy Act, and the Air Force Act. These acts outline the eligibility criteria for joining the military, such as age, education, and physical fitness.
Under the Army Act, a person can join the army if they are between 17 and 21 years of age and have completed their secondary education. However, the minimum age for joining the officer cadre is 19 years. The Navy Act and the Air Force Act have similar eligibility criteria. The recruitment process for the military also includes medical and psychological evaluations to ensure that candidates are fit for service. Once a candidate is accepted into the military, they are required to take an oath of allegiance to the constitution of India.
The military laws in India also cover the training of recruits. The Army Act, Navy Act, and Air Force Act outline the training programs for each branch of the military. These laws specify the duration of the training, the subjects covered, and the standards that recruits must meet. The training of military personnel is rigorous and demanding. It includes physical conditioning, weapons training, and instruction in military tactics and strategy. Recruits are also taught about the laws and regulations governing the military and their rights and responsibilities as members of the armed forces.
The military laws in India also cover discipline and punishment. The Army Act, Navy Act, and Air Force Act provide for the maintenance of discipline and order within the military. Military personnel are subject to a strict code of conduct and are expected to obey orders from their superiors. Failure to do so can result in disciplinary action, which may include fines, confinement, or dismissal from service.
The military laws in India also provide for the punishment of offenses committed by military personnel. These offenses can range from minor offenses such as insubordination to serious offenses such as desertion or mutiny.
The punishment for offenses committed by military personnel is determined by a court-martial, which is a military court. The court-martial follows a set of procedures that are laid out in the Army Act, Navy Act, and Air Force Act. The court-martial can impose a range of punishments, including imprisonment, dismissal from service, and even the death penalty in certain cases. The military laws in India have evolved, reflecting the changing needs of the country and the military. These laws cover various aspects of military life, from recruitment and training to discipline and punishment. The military laws in India provide for the maintenance of discipline and order within the military and ensure that military personnel is held accountable for their actions. The laws also protect the rights of military personnel and provide for their well-being.
Overall, the military laws in India play a vital role in maintaining the country’s security and ensuring that its military forces are.
Constitutional Provisions and Military Law
In the case of the military, Congress does not have unlimited powers to create special judicial structures. Consideration should be given to the constitutional protections afforded to citizens, often including military personnel. However, for the smooth performance of duties and maintenance of discipline among members, these basic rights may be restricted by means such as notification. Like most constitutions in the world, the Indian Constitution provides a framework for the development of the Commonwealth Armed Forces. The key role of the military, as we understand it, is to fight external aggression. Often, however, the support of these authorities becomes just as important as that of civilian authorities in maintaining law and order. Under Article 33 of the Indian Constitution, military representatives are subject to various restrictions on human rights.
Reforms in military laws of India.
India has recently implemented several reforms in its military laws to modernize its armed forces and make them more efficient. Some of these reforms include:
- Creation of the Chief of Defence Staff (CDS): In December 2019, the Indian government created the position of the Chief of Defence Staff (CDS), the senior-most military officer in the country, and acts as the principal military advisor to the government. The CDS is responsible for fostering jointness and integration among the three branches of the armed forces and for enhancing India’s defense capabilities.
- Restructuring of the Defence Ministry: The Defence Ministry has been restructured to ensure better coordination between civilian and military officials. The new structure includes a separate Department of Military Affairs, which is headed by the CDS.
- Enhancing Defence Procurement: India has implemented several measures to enhance defense procurement, including the introduction of the Defence Acquisition Procedure (DAP) 2020, which simplifies the procurement process and provides greater transparency. The government has also introduced measures to encourage indigenous defense production, such as the Make in India initiative.
- Reorganization of the Army: India is reorganizing its army into a leaner and more agile force. The restructuring includes the creation of integrated battle groups (IBGs), which are self-sufficient and agile formations capable of undertaking independent offensive operations.
- Emphasis on Cybersecurity: India is placing greater emphasis on cybersecurity to protect its critical infrastructure and defense networks. The government has created a new tri-service agency called the Defence Cyber Agency (DCA) to coordinate cybersecurity efforts across the armed forces.
- Emphasis on Joint Training: India emphasizes joint training among the three branches of the armed forces to enhance coordination and interoperability. The government has also established the Defence Cyber Academy to train personnel in cybersecurity.
These reforms are expected to improve India’s defense capabilities and make its armed forces more modern and efficient. The government is also committed to addressing issues such as defense procurement, which have been a challenge in the past.
Downfalls of military laws in India
Military law refers to the set of rules and regulations that govern the behavior of military personnel, including soldiers, officers, and other members of the armed forces. In India, military law is governed by the Army Act, the Air Force Act, and the Navy Act, which lay down the procedures and punishments for various offenses committed by military personnel.
While military laws are necessary to maintain discipline and order within the armed forces, there are several downsides associated with them, which can have far-reaching consequences on the rights and freedoms of military personnel. In this article, we will discuss some of the major downfalls of military laws in India.
- Lack of accountability and transparency
One of the biggest downsides of military laws is the lack of accountability and transparency in the legal proceedings. Military personnel is subject to military courts, which operate outside the purview of the civilian judicial system. This means that there is no independent oversight of the legal proceedings, and the military courts are not bound by the same legal standards and procedures as civilian courts. This lack of accountability and transparency can lead to unfair trials and arbitrary punishments, which can have serious consequences for the rights and freedoms of military personnel. In some cases, military personnel may be punished for offenses that would not be considered crimes in civilian courts, such as insubordination or disrespect towards superiors.
- Restrictions on freedom of speech and expression
Another major downside of military laws is the restrictions they place on the freedom of speech and expression of military personnel. Military personnel is subject to strict rules regarding what they can say or write, both in public and private. This includes restrictions on social media, where military personnel may be punished for expressing opinions that are critical of the military or the government.
These restrictions on freedom of speech and expression can have a chilling effect on the ability of military personnel to express their opinions or raise concerns about issues that affect them. This can also limit the ability of military personnel to engage in political discourse and exercise their democratic rights as citizens.
- Lack of protection against human rights abuses
Military personnel is often deployed in conflict zones or areas of civil unrest, where they may be required to use force to maintain law and order. In such situations, there is a risk of human rights abuses, including extrajudicial killings, torture, and rape. While civilian courts are empowered to investigate and prosecute such abuses, military courts often lack the independence and impartiality required to do so. Military personnel who commit human rights abuses may be tried in military courts, where they are likely to receive lenient sentences or even be acquitted.
- Limited access to legal representation and remedies
Military personnel who are accused of offenses under military law may not have access to the same legal representation and remedies as civilians. Military courts often operate in remote locations, making it difficult for accused personnel to access legal assistance or appeal their sentences. In addition, military personnel may be subject to summary trials, where the legal proceedings are conducted without a formal trial or the right to appeal. This can result in unjust and arbitrary punishments, with little or no recourse for the accused.
- Lack of protection against discrimination and harassment
Military personnel may be subject to discrimination or harassment based on their gender, caste, religion, or sexual orientation. While civilian laws protect against such discrimination and harassment, military laws may not provide the same level of protection. In addition, military personnel may be hesitant to report instances of discrimination or harassment, fearing retaliation or ostracism within their units. This can lead to a culture of silence, where instances of discrimination or harassment go unreported and unpunished. Military laws are essential for maintaining discipline and order within the armed forces. However, the downsides associated with military laws, including lack of accountability and transparency, and restrictions on freedom of speech and expression, are limited.
Military laws in other jurisdictions
Military laws in other countries vary widely depending on the country’s legal system, political structure, and cultural norms. Here are some examples of military laws in different countries:
- United States: The Uniform Code of Military Justice (UCMJ) is the law that governs the military justice system in the United States. It applies to all members of the armed forces, including active-duty personnel, reservists, and National Guard members. The UCMJ sets out the rules for disciplinary actions, court-martials, and other legal proceedings within the military justice system.
- United Kingdom: The military justice system in the United Kingdom is governed by the Armed Forces Act 2006. The act establishes a system of military courts, which have jurisdiction over offenses committed by members of the armed forces. The act also sets out the procedures for court-martial and other legal proceedings within the military justice system.
- Canada: The military justice system in Canada is governed by the National Defence Act. The act establishes a system of military tribunals, which have jurisdiction over offenses committed by members of the Canadian Armed Forces. The act also sets out the procedures for court-martial and other legal proceedings within the military justice system.
- Germany: The military justice system in Germany is governed by the Military Penal Code (Militärstrafgesetzbuch). The code sets out the rules for disciplinary actions, court-martials, and other legal proceedings within the military justice system. Military personnel in Germany are subject to both military law and civilian law and can be tried in civilian courts for certain offenses.
- Israel: The military justice system in Israel is governed by the Military Justice Law (Militärrecht). The law sets out the rules for disciplinary actions, court-martials, and other legal proceedings within the military justice system. Military personnel in Israel are subject to both military law and civilian law and can be tried in civilian courts for certain offenses.
- China: The military justice system in China is governed by the Military Court Law (军事法院组织法). The law establishes a system of military courts, which have jurisdiction over offenses committed by members of the People’s Liberation Army (PLA). The law also sets out the procedures for court-martial and other legal proceedings within the military justice system.
- Japan: Military law in Japan is governed by the Self-Defense Forces Law. It sets out offenses that can be tried under military law and the procedures for trial and punishment.
- Australia: Military law in Australia is governed by the Defence Force Discipline Act. It sets out offenses that can be tried under military law and the procedures for trial and punishment.
- South Korea: The Military Criminal Act governs military law in South Korea. It sets out offenses that can be tried under military law and the procedures for trial and punishment.
- Russia: Military law in Russia is governed by the Military Code of the Russian Federation. It sets out offenses that can be tried under military law and the procedures for trial and punishment.
- France: Military law in France is governed by the Code of Military Justice. It defines military offenses, procedures for trial and punishment, and the rights of military personnel. Others important to note are that these examples are just a few of the many different military justice systems in place around the world and that the specific laws and procedures can vary widely from country to country.
Defects in the Indian military justice system
The Indian military justice system is designed to ensure that military personnel is held accountable for any violations of military laws and regulations. It is a crucial system that serves as a check against misconduct, ensuring discipline and integrity within the armed forces. However, like any system, the Indian military justice system has its defects. In this essay, I will examine some of the key defects of the Indian military justice system.
- Lack of Transparency:
One of the main defects of the Indian military justice system is the lack of transparency. The military courts are not open to the public, and the proceedings are conducted in secrecy. The lack of transparency makes it difficult for the public to know what is happening within the military courts, and it can lead to suspicion and mistrust of the military justice system. The lack of transparency also makes it difficult for the accused to defend themselves. They are not allowed to have a lawyer present during the proceedings, and they are not given access to the evidence against them. This can lead to unfair trials, with the accused not having the opportunity to defend themselves adequately.
- Lack of Independence:
Another defect of the Indian military justice system is the lack of independence. The military courts are subject to the chain of command, which means that the commanding officer has a significant influence over the proceedings. This can lead to conflicts of interest and bias in the decision-making process. The lack of independence also means that the military justice system is not subject to civilian oversight. This can lead to abuses of power and violations of human rights, as there is no external body to hold the military justice system accountable.
- Inadequate Legal Safeguards:
The Indian military justice system lacks adequate legal safeguards for the accused. The accused does not have the right to a fair trial, as they are not allowed to have a lawyer present during the proceedings. They are also not given access to the evidence against them, which makes it difficult for them to mount an effective defense. The lack of legal safeguards also means that the accused can be subjected to harsh punishment without due process. For example, the death penalty can be imposed without the accused having the opportunity to appeal the decision.
- Discrimination:
The Indian military justice system is also plagued by discrimination. There have been numerous reports of discrimination against women, Dalits, and other marginalized communities within the military justice system. These individuals are often subjected to harassment, discrimination, and abuse by their superiors, and they are not given the same opportunities for promotion and advancement as their peers. Discrimination within the military justice system can also lead to biased decision-making. For example, a judge may be more likely to convict a Dalit or a woman based on their biases, rather than the evidence presented in the case.
- Lack of Accountability:
The Indian military justice system also lacks accountability. There have been numerous cases of human rights abuses and violations within the military justice system, but there has been little accountability for these actions. The military justice system is not subject to civilian oversight, which means that there is no external body to hold it accountable for its actions. The lack of accountability can lead to a culture of impunity, where military personnel believes that they can get away with any action, no matter how egregious. This can lead to abuses of power, corruption, and human rights violations within the military justice system.
- Inadequate Training:
Finally, the Indian military justice system suffers from inadequate training. The judges and prosecutors within the military courts are often not adequately trained in the law, and they may lack the necessary expertise to handle complex legal cases. This can lead to mistakes in the decision-making process, and it can lead to unfair trials for the accused. The lack of training also means that the military justice system is not keeping up with changes in the law and legal practices.
Conclusion
The evolution of military legal guidelines in India has been a gradual procedure, reflecting modifications within the political, social, and economic conditions of the United States of America. The earliest military laws in India have been introduced by the British throughout the colonial length. Those laws regulated the corporation, discipline, and administration of the Indian army, and have been primarily designed to maintain management over the local population and guard British hobbies in India.
After independence in 1947, India inherited a legacy of navy laws from the British, which had been amended to mirror the converting needs and priorities of the newly independent nation. The Indian government added numerous essential reforms to the military justice system, which includes the adoption of a brand new code of military justice, the introduction of unbiased navy tribunals, and the status quo of a higher appellate gadget for army cases.
Through the years, India’s military laws have persisted to adapt in reaction to converting safety challenges, geopolitical dynamics, and social and cultural norms. For instance, in recent years, there has been growing pressure to grow transparency and duty in the military justice machine and to bring it extra in step with international human rights standards.
The evolution of navy laws in India displays the USA’s ongoing efforts to stabilize the want for effective army control and area with the protection of individual rights and freedoms
Citations
- Army Act, 1950 § (XLVI) Act of the Parliament of India 1949(India)
- Navy Act, 1957 § Act of the Parliament of India 1949(India)
- Air Force, 1950 § Act of the Parliament of India 1949(India)
- Special Frontier Forces Act, 1962 § Act of the Parliament of India 1949(India)
- Coast Guard Act, 1915 § Act of the Parliament of India 1949(India)
- The Indo-Tibet Border Police Act, 1992 § Act of the Parliament of India 1949(India)
- Assam Rifles Act 1941 § Act of the Parliament of India 1949(India)
- INDIA CONST. art. 33
Vani Sharma, Student of BA LLB (Hons.) First-year, Maharaja Agrasen Institute of Management and Studies, GGSIPU.