Changes in military laws for new-age soldier

CHANDIGARH: At a time when litigation in the country's Armed Forces Tribunal is rising significantly, the Defence Ministry has decided to end many of the archaic traditions of the military justice system and update statutes.

The objective is to meet the challenges of a fast changing security environment in the country where even a jawan has some education and does not blindly accept the verdict of his superiors or the defence ministry .

Sources in the ministry confirmed to TOI that they had "agreed in principle" to change the existing structure of military laws. This would mean setting up permanent courts to try cases related to military personnel and formulating a common code for all services. There is also a proposal to set up a permanent prosecution department for the forces and introduce a cadre of independent military judges rather than ad hoc juries with members who are not judicially trained.

Decision has been taken after considering the report of the Defence Minister's committee of experts, which was submitted in November 2015. The service Acts of the Indian military -the Army Act and the Air Force Act -were enacted in 1950. The Navy Act came in 1957. There has been a standing demand for years to update these laws. On several occasions, the Supreme Court has asked the ministry to show restraint while exercising these archaic laws. Most of the military laws, enacted soon after Independence, are modelled on laws that the British left behind. Experts say under this system, an accused soldier doesn't get the minimum degree of decency and fair play during litigation.

Punjab and Haryana high court lawyer Major Navdeep Singh, who was also a member of the Defence Minister's expert committee said, "It is great that the Defence Minister has accepted our recommendation on military justice reform. The system needs to be recalibrated with changing times and the much cherished constitutional principle of separation of powers."

Mahavir Chakra awardee Brigadier K S Chandpuri (retd) says, "We have been following colonial rules. In those days, jawans were recruited on the basis of their fitness. Today's jawan is much more educated and deserves a better judicial system."