Human Rights in the Indian Armed Forces: An Analysis of Article 33

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.

Preface I Introduction II Conditions of Service and Fundamental Rights III The Rights in Disciplinary Process IV Judicial Interpretation: Rights of the Members of the Armed Forces V Constitutional Restrictions on the Fundamental Rights Examples from Democratic States VI Conclusion and Recommendations Appendices I. A. The Constituent Assembly debate of 9 December 1948 relating to Article 33 of the Constitution. B. The text of the Lok Sabha debate of 22 and 23 August 1984 on the Constitution (Fifty-Second Amendment) Bill. II. The texts of the Supreme Court and high court cases relating to Article 33. Bibliography Index