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Description
As member 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 on 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 criticized in our country- it is generally ignored under the notion that it relates to a 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 trail 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 scientist, lawyers and policy makers-should read this book.
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Contents
Chapter 1 - The Idea of Justice and the Military Justice System
• Concept of Justice
• Notions of Justice
• Military Justice System
• History of Indian Military Justice System
Chapter 2 - Constitution of India and the Armed Forces
• The Indian Constitution and the Armed Forces
• Cases Relating to Article
• The Role of the Legislative and the Supreme Court
Chapter 3 - Court-marital: System and Procedure at Trial
• Provisions of Courts-Marital in the Indian Air Force and the Navy
• Jurisdiction of Courts-Marital as to Offence
• Jurisdiction of Courts-Marital as to Punishment
• Summary Punishment (Other than by a Court-Marital)
• Review of Summary Punishment
• Pre-Trial Preparation
• Trial by Court-Marital
• When Accused Pleads ‘Guilty’
• When Accused Pleads ‘Not Guilty’
• Defence of the Accused
• Finding and Sentence
• Appeal/ Review of Court-Marital Decisions
• Pardon, Remission and Suspension
Chapter 4 - Comparative Perspective 1: The British Military Justice System
• Court-Marital
• Service Discipline Acts
• The Role of Convening Authority
• Reform in the Military Justice System
Chapter 5 - Comparative Perspective 2: The American Military Justice System
• Military Justice System
• Court-Marital
• Courts of Criminal Appeals
• Military commissions
Chapter 6 - Critical Appraisal and Analysis
• Right to Fair Trial
• Pre-Trial Custody
• Provisions Relating to Arrest
• Rights of the Accused
• Legal Aid: Indian Military Justice System
• Non-Judicial Punishment
• Right to Election for Trial by Court-Marital
• Role of Convening Authority
• Judiciary of the Armed Forces
• Military Tribunals
• Summary General Court-Marital (SGCM)
• Summary Court-Marital (SCM)
• Disciplinary Court Under the Navy Act 1957
• Multiple Systems of Military Tribunals
• Sentence and Sentencing
• Cruel, Unjust and Disproportionate Punishment
• Disparity in Sentencing: Sentencing Guidelines
Chapter 7 - Armed Forces Tribunal
• Background
• Appellate Forum in India
• The Armed Forces Tribunal Bill
• Armed Forces Tribunal act 2007
• Critical Appraisal
Chapter 8 - Future Reform: Common code for the Armed Forces
• Previous Attempts
• Differences Between the Three Services Acts
• Need For Unification
• Armed Forces Tribunal
• Need for a Common Code
• Plea Bargaining
Chapter 9 - Conclusion and Recommendations
• Recommendations
Bibliography
Index
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Author Details
UC Jha is presently a visiting fellow at the Centre for the Study of Law and Governance, Jawarhalal Nehru University New Delhi, and visiting faculty member at a number of law institutions in New Delhi. Dr Jha was invited by the Parliamentary Standing Committee on Defence to present his views on the Armed Forces Tribunal Bill 2005. Many of his recommendations were incorporated in the Tenth Report of the Parliamentary Standing Committee submitted to the Parliament. He has worked as a Consultant (Legal) to the National Human Rights Commission, New Delhi for more than three years. His works, comprising over 50 articles/ research papers on matters relating to the armed forces, humanitarian law and environmental law, have been published in various journals and newspapers.
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