Description
Lexis Nexis The Military Justice System In India: An Analysis by UC Jha
As members of the armed forces, more than 1.5 million Indians are subject to the military justice system. A legal system designed and implemented to serve the interest of colonial masters after the Mutiny of 1857 is still applicable to this group of Indians in the name of discipline. This book discusses the concepts of ‘justice’ and ‘human rights’, and makes a strong case for the application of these concepts to the armed forces, while maintaining their discipline and operational efficiency. The military justice system is rarely criticised in our country—it is generally ignored under the notion that it relates to a handful of uniformed personnel who volunteer to be governed by it. A natural tendency exists within the armed forces to defend the system, calling it ‘time-tested’. In addition, a veil of secrecy is drawn over military matters. The highlight of this book is a critical analysis of the existing military justice system in India and its comparison with that of the UK and the USA. Across the world, there is a clear trend of change in the military justice system regarding the rights of the accused and the human rights standards. Some important elements of this change are the independence of judges, the establishment of standing courts, the right to legal representation and increased rights of the accused in terms of electing trial instead of summary procedures. This book points out the deficiencies in the Indian military justice system and argues that limitations on human rights must be provided for by law and should be consistent with international treaty obligations. Everybody concerned with the military justice system—political leaders, military personnel, social scientists, lawyers and policy makers—should read this book.