Human Rights in the Indian Armed Forces

Human Rights in the Indian Armed Forces PDF

Author: Dr. U C Jha

Publisher: Vij Books India Pvt Ltd

Published: 2019-03-18

Total Pages: 569

ISBN-13: 9388161246

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"The military plays an important role in nation-building and national security. Notwithstanding special requirements of military life, the members of the armed forces should enjoy the rights guaranteed in the Constitution and other relevant international human rights treaties which India has ratified to the extent that those rights are available to other citizens of the country. The guarantee of a fair trial should apply to all proceedings under the military legal system, including summary trial and summary systems of court martial. The government must ensure the economic, social, and cultural rights of military personnel including housing, medical care, education, free legal aid and social security. Derogations of the Fundamental Rights under Article 33 should not be carried so far as to create a class of citizens who are not entitled to the benefits of the liberal interpretation of the Constitution. This book is aimed at all those who are involved in promoting, protecting, and enforcing the rights of not only the members of the armed forces, but also the other forces engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities and members of the civil society who have a stake in the armed forces."

The Impact of Human Rights Law on Armed Forces

The Impact of Human Rights Law on Armed Forces PDF

Author: Peter Rowe

Publisher: Cambridge University Press

Published: 2006-01-12

Total Pages: 250

ISBN-13: 1139448323

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This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.

Indian Military Domestic Deployment

Indian Military Domestic Deployment PDF

Author: U C. Jha

Publisher:

Published: 2018-02-06

Total Pages: 322

ISBN-13: 9789386457424

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This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement.

Human Rights in India

Human Rights in India PDF

Author: James Goldston

Publisher: Human Rights Watch

Published: 1991

Total Pages: 172

ISBN-13: 9780300056143

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Examines the attacks on civilians by Indian government security forces. The report covers the summary execution of captured militants, warrantless house-to-house searches during which families were beaten, destruction of civilian property and use of lethal weapons against peaceful demonstrators.

The Evolution of Military Law in India

The Evolution of Military Law in India PDF

Author: Dr U C Jha

Publisher: Vij Books India Pvt Ltd

Published: 2020-02-04

Total Pages: 1378

ISBN-13: 8194285127

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The earliest completed code of the British army dates back to the 14th century when the “Statutes, Ordinances and Customs” were issued by Richard II to his Army in 1385 on the occasion of war with France. These statutes called “Articles” or “Ordinances of War” were issued under the prerogative power of the Crown. The earlier Articles were of excessive severity prescribing death or loss of limb as punishment for almost every crime. There were thousands of instances of accused native soldiers being blown from a gun on the orders of their commander. As minor punishment, an accused could be branded with hot iron for swearing. He could even be flogged in public or ordered to ride the wooden horse. This book provides an insight into the origin and development of the legal system of the Indian Army from the year 1600 to 1947 including that of the Navy and Air Force. A total of 40 statutes passed by the British Parliament and the Articles of War issued by the Crown for governing the military forces during that period have been included. This book is for military historians, military personnel, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

Manual of Law

Manual of Law PDF

Author: Dr. U C Jha

Publisher: VIJ Books (India) Pty Limited

Published: 2014-11-01

Total Pages: 0

ISBN-13: 9789382652885

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The legal system of the armed forces is evolving and moving towards civilianization, as the Armed Forces Tribunal completes five years of its existence. The laws governing the armed forces are of concern not just to members of the armed forces, but to every Indian. Thus, it is necessary for these laws to be understood and analysed by the legal fraternity, human rights activists, and military and government officials in the correct perspective in order to improve the system. A 'just' and 'fair' system is of great significance to the success or failure of the armed forces. This is the first attempt to deal with the laws relating to the Indian Army, Navy, Air Force and Coast Guard in one volume. The basic statutes of these forces as well as the subordinate legislations have been comprehensively analysed. Using famous cases relating to the armed forces, this book examines constitutional and statutory rights and privileges, administrative and minor punishments, step-by-step court martial process, review and revision of punishments, procedure of courts of inquiry, and the jurisdiction and functioning of the Armed Forces Tribunal. It provides an overview of the provisions of the Indian Penal Code and the Code of Criminal Procedure relating to members of the armed forces. In addition, it analyses the Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules and the provisions of the Armed Forces Special Powers Act (AFSPA) in detail.

Manual of Law

Manual of Law PDF

Author: U. C. Jha

Publisher: Vij Books India

Published: 2015

Total Pages: 0

ISBN-13: 9789382652878

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The legal system of the armed forces is evolving and moving towards civilianization, as the Armed Forces Tribunal completes five years of its existence. The laws governing the armed forces are of concern not just to members of the armed forces, but to every Indian. Thus, it is necessary for these laws to be understood and analyzed by the legal fraternity, human rights activists, and military and government officials in the correct perspective in order to improve the system. A 'just' and 'fair' system is of great significance to the success or failure of the armed forces. This is the first attempt to deal with the laws relating to the Indian Army, Navy, Air Force and Coast Guard in one volume. The basic statutes of these forces as well as the subordinate legislations have been comprehensively analyzed. Using famous cases relating to the armed forces, this book examines constitutional and statutory rights and privileges, administrative and minor punishments, step-by-step court martial process, review and revision of punishments, procedure of courts of inquiry, and the jurisdiction and functioning of the Armed Forces Tribunal. It provides an overview of the provisions of the Indian Penal Code and the Code of Criminal Procedure relating to members of the armed forces. In addition, it analyses the Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules and the provisions of the Armed Forces Special Powers Act (AFSPA) in detail.

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