This document discusses the perspectives of the Indian armed forces regarding their role in low intensity conflicts such as counterinsurgency, counterterrorism, and peacekeeping operations. It provides an overview of the security challenges India faces due to its borders and geography. It then outlines the doctrines and strategies the armed forces follow to balance security needs with upholding the rule of law and protecting civil liberties and human rights. This includes using minimum force, prioritizing civilian safety, and engaging local communities to build trust and support for military operations.
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Indian Armed Forces Perspective in the Background of Low Intensity Conflicts
1. INDIAN ARMED FORCES
PERSPECTIVE
IN THE BACKGROUND OF
LOW INTENSITY CONFLICTS
IN THE FORM OF COUNTER
INSURGENCY, COUNTER
TERRORISM, AND PEACE
KEEPING OPERATIONS
4. PANEL ON
RULE OF LAW
CIVIL AFFAIRS
DOCTRINE
&
STABILITY
OPERATIONS
5. A COUNTRY OF CONTINENTAL SIZE
WITH LAND BORDERS SHARED WITH CHINA,
PAKISTAN, BANGLADESH, NEPAL, BHUTAN,
1197 ISLAND AND COAST LINE OF 7516 KMS
WITH A VAST EXCLUSIVE ECONOMIC ZONE
6. LARGEST FUNCTIONAL DEMOCRACY
MULTI LINGUAL, MULTI RELIGIOUS & MULTI ETHNIC
SUPREMACY OF THE CONSTITUTION
INDEPENDENT JUDICIARY
UNMATCHED CONTRIBUTION TO THE
JURISPRUDENCE ON THE RIGHTS OF INDIVIDUALS
STABLE & EFFECTIVE GOVERNMENT
VIGILANT MEDIA
7. 1. TWO UNSETTLED BORDERS
2. EXPERIENCED FOUR MAJOR CONVENTIONAL
BORDERS WARS
3. ONE UNDECLARED WAR IN KARGIL (1999)
4. ENGAGED IN AN EXTERNALLY ABETTED PROXY WAR
FOR SEVERAL YEARS IN J&K
5. COMBATING TERRORISM PERPETUATED BY
MILITANT AND TERRORIST GROUPS SPONSORED BY
A FOREIGN STATE.
6. TACKLING A NUMBER OF INSURGENCIES, SPURRED
BY TRIBAL AND ETHNIC ASPIRATIONS AND LEFT
WING IDEOLOGIES.
7. HAS A NUMBER OF NUCLEAR WEAPON STATES IN
ITS NEIGHBOURHOOD
10. YEAR TK TA TS CIV K CIV W WPN REC
2000 438 2937 1806 NA NA 1316
2001 455 3115 626 602 NA 1300
2002 410 1565 306 459 NA 905
2003 450 1655 3189 494 NA 1520
2004 332 1735 1174 388 573 1003
2005 197 1169 462 393 263 966
2006 174 1023 1385 196 452 861
11. • CHANGING CONCEPT OF WARFARE
• STRATEGIC & ECONOMIC
CONSIDERATIONS
• CONSTITUTIONAL FRAME WORK
• ACTIVE JUDICIARY
• FUNCTIONAL NHRC
• LAWS OF ARMED CONFLICT
12. COALITION POLITICS
MIX UP OF RELIGION WITH POLITICS
OVER LAPPING JURISDICTIONS
CRIMINALISATION OF POLITICS
CHALLENGES TO AF(SP) ACT
VIGIL AGAINST HR VIOLATIONS
COMPENSATORY JUSTICE
MULTIPLICITY OF SECURITY AND INT
AGENCIES
13. NATURE OF OPERATIONS
CONVENTIONAL
COUNTER
TERRORISM
PKO
DISASTER
MANAGEMENT
AND AID TO
CIVIL
AUTHORITIES
COUNTER
INSURGENCY
14. “I AM A WARRIOR. DEFENDING MY NATION
IS MY DHARMA. I WILL TRAIN MY MIND,
BODY AND SPIRIT TO FIGHT. EXCEL IN
ALL DEVICES AND WEAPONS OF WAR,
PRESENT AND FUTURE. ALWAYS
PROTECT THE WEAK. BE TRUTHFUL
AND FORTHRIGHT. BE HUMANE,
CULTURED AND COMPASSIONATE”
FIGHT AND EMBRACE THE
CONSEQUENCES WILLINGLY
GOD, GIVE ME STRENGTH THAT I
ASK NOTHING OF YOU”.
THE BHAGAWAD GITA
16. PRIMARY PRESERVE NATIONAL INTEREST
AND SAFE GUARD SOVEREIGNTY,
TERRITORIAL INTEGRITY AND UNITY
AGAINST ANY EXTERNAL THREATS BY
DETERRENCE OR BY WAGING WAR
SECONDARY ASSIST GOVERNMENT
AGENCIES TO COPE WITH `PROXY’ WAR
AND OTHER INTERNAL THREATS AND
PROVIDE AID TO CIVIL AUTHORITY WHEN
REQUISITIONED FOR THE PURPOSE
17. MAJOR TASKS OF INDIAN
ARMY INCLUDES –
PROVISION OF AID TO CIVIL
AUTHORITY WHEN CALLED UPON TO
DO SO FOR MAINTENANCE OF LAW
AND ORDER, HUMANITARIAN AID AND
ASSISTANCE DURING DISASTERS AND
CALAMITIES OR ANY OTHER
CIRCUMSTANCES INCLUDING
MAINTENANCE OF ESSENTIAL
SERVICES
18. 1. POLITICAL OBJECTIVE:- CONFLICT
MANAGEMENT RATHER THAN
CONFLICT RESOLUTION.
2. AIM AT LOW PROFILE AND PEOPLE
FRIENDLY OPERATIONS.
3. INTRA – FORCE AS WELL AS INTER
AGENCY EFFORTS
4. SEEK VOLUNTARY AND WILLING
SUPPORT OF PEOPLE IN AFFECTED
AREAS. (WHAM)
20. 1. AVOIDANCE OF HUMAN RIGHTS VIOLATIONS
UNDER ALL CIRCUMSTANCES.
2. BE COMPASSIONATE. (WHAM)
3. PEOPLE FRIENDLY OPERATIONS. ENSURE
LEAST POSSIBLE INCONVENIENCE AND
HARASSMENTS
4. USE OF MINIMUM FORCE. AVOID COLLATERAL
DAMAGE.
5. CO-OPT POLICE REPRESENTATIVE/WOMEN
POLICE
6. BE TRUTHFUL AND HONEST
7. SUSTAIN PHYSICAL AND MORAL STRENGTH.
21. THREE PRONGED APPROACH
SURGICAL COUNTER
TERRORIST
OPERATIONS
WITH MINIMAL
CASUALTIES
WHAM
PERCEPTION
MANAGEMENT
22. 1. HOSTAGE RESCUE
2. ANTI TERRORIST
OPERATIONS
3. ASSISTANCE TO
FOREIGN FRIENDLY
GOVTS.
23. 7X HOME & HEARTH BATTALIONS
1200 X PERS EACH
ROLE
1. INTERFACE BETWEEN THE ARMY
AND THE PEOPLE.
2. ANTI-TERRORISM.
24. JAWAN AUR AWAAM,
AMAN HAI MUQAAM.
(WHETHER IT IS A SOLDIER OR
CIVILIAN THE END STATE FOR
BOTH IS PEACE)
26. MEANINGFUL PROGRAMME
TO INVOLVE LOCALS
MOBILE
MEDICAL
TEAMS
MUSKAN
ORPHANAGES
FACILITATING
HAJ
PILGRIMS
OP
JI JANAB
UJALA RAHAT
27. 1. MOVEMENTS OF REFUGEES
2. MINIMIZING DAMAGE TO CIVIL
INFRASTRUCTURE.
3. LEGAL AND MORAL OBLIGATIONS TO
MINIMIZE CIVILIAN CASUALTIES.
4. TO EXERCISE AUTHORITY AT THE
END OF OPERATIONS.
5. TO HANDLE TASKS RELATING TO
CONTROL OF CIVIL POPULATION &
MANAGEMENT OF RESOURCES.
6. TO ENSURE STABILITY IN CAPTURED
TERRITORY.
28. 1. MAKE THE LOCALS PROUD OF THEIR
HERITAGE
2. REMIND THEM ABOUT WHO WORKED
FOR CAUSE OF PEACE.
3. THE PHRASE ‘VIOLENT VALLEY”
REPLACED WITH “VIBRANT VALLEY”
29. 1. TRANSPARENCY
2. MUTUAL TRUST &
UNDERSTANDING
3. LEVELS
(a) LOCAL/TACTICAL
(b) NATIONAL
(c) INTERNATIONAL
30. DISTORTION
MAINPULATION
DISINFORMATION
TRUTH IS NOT A VIRTUE
BUT A NECESSITY
31. 1. AIM OF RESPECTING AND
PROTECTING HUMAN RIGHTS.
2. CANDID AND PROMPT ADMISSION OF
PROVOKED
(a) EXCESSES BY THE TROOPS OR
OTHER WISE
(b) ERRORS OF JUDGEMENT OF COMMANDERS.
3. SWIFT CORRECTIVE ACTION IN A
FREE AND FAIR MANNER.
32. 1. PRO INTERACTS DAILY.
2. GOC ONCE A MONTH.
3. IW BDE.
4. www.armyinkashmir.org
33. IN THE ABSENCE OF A GLOBAL
FRAME WORK, DOMESTIC
LEGISLATION REMAINS THE
ONLY LEGAL REMEDY AGAINST
TERRORISM.
34. ARMED FORCES (SPECIAL POWERS) ACT, 1958
UNLAWFUL ACTIVITIES PREVENTION ACT,
1967 (AS AMENDED IN 2004)
MAHARASHTRA CONTROL OF ORGANISED
CRIME ACT, 1999
NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985
35. To confer certain special
powers upon members of the
Armed Forces in disturbed
areas.
36. STATES OF
1. ARUNACHAL PRADESH
2. ASSAM
3. MANIPUR
4. MEGHALAYA
5. MIZORAM
6. NAGALAND
7. TRIPURA
37. APPLICABLE
TO A DISTURBED AREA
PRE CONDITION
NOTIFICATION UNDER SECTION 3.
38. 1. TO USE FORCE EVEN TO THE EXTENT
OF CAUSING OF DEATH.
2. TO DESTROY ANY ARMS DUMP ETC
3. TO ARREST WITHOUT WARRANT
4. TO SEARCH WITHOUT WARRANT
IMPLIED
5. TO INTERROGATE
6. TO RETAIN CUSTODY OF SEIZED
WEAPONS
39. PRIOR SANCTION OF THE CENTRAL
GOVERNMENT BEFORE INSTITUTING
ANY PROSECUTION, SUIT OR OTHER
LEGAL PROCEEDINGS.
41. 1. ACT NOT A COLOURABLE LEGISLATION.
2. NOT A FRAUD ON THE CONSTITUTION.
3. DOES NOT AMOUNT TO HANDING OVER
THE MAINT OF PUBLIC ORDER TO THE
ARMED FORCES DIRECTLY.
4. CONFERMENT OF DRASTIC POWERS
ENUMERATED UNDER SEC 4 IS NOT
DISCRIMINATORY OR ARBITRARY.
42. 1. PERIODIC REVIEW OF DECLARATION BEFORE
EXPIRY OF SIX MONTHS
2. DESIRABLE FOR CENTRAL GOVT TO CONSULT
STATE GOVT
3. ARMED FORCE NOT TO SUPPLANT OR ACT AS
SUBSTITUTE FOR THE CIVIL POWER. STATE ADM
WILL CONTINUE TO FUNCTION
4. ARMED FORCES PERS TO USE MINIMUM FORCE
43. 5. HAND OVER ARRESTED PERSON WITHIN
24 HRS TO NEAREST POLICE STATION
6. PROCEDURAL SAFEGUARDS UNDER
Cr PC FOR SEARCH AND SEIZURE TO BE
FOLLOWED
7. DISREGARD TO DO’S AND DON’TS TO
INVITE ACTION UNDER THE ARMY ACT
8. CO-OPT WOMEN POLICE
9. AWARD OF COMPENSATION
10. SPEAKING ORDER UNDER SEC 6
44. MILITARY
SEARCH
SEIZURE
COGNIZANCE OF
OFFENCES
DESTRUCTION OF
DUMPS, SHELTERS,
TRG CAMPS AND
HIDE OUTS
POLICE
INVESTIGATION
PROSECUTION
REGISTRATION OF
REPORTS OF OFFENCES
(RECORDING OF FIR)
TRIAL
EXECUTION OF
SENTENCES, WHERE
REQUIRED
45. POSITIVE FEATURES
EMPHASIS FOR THE MILITARY DECISIONS TO
CONFORM TO RULE OF LAW
FAITH OF THOSE AFFECTED BY THE DECISIONS
TO MOVE THE SUPREME COURT AS A FINAL
ARBITRATOR
SCOPE OF STATUTORY PROVISIONS EXPANDED
ENHANCED NUMBER OF CASES IS SUGGESTIVE OF
GREATER ASPIRATIONS TO SEEK FINAL DECISION
ON RULE OF LAW
46. IT PROVIDES FOR THE CONSTITUTION OF
NATIONAL HUMAN RIGHTS COMMISSION
(NHRC)
THE STATES HUMAN RIGHTS
COMMISSION IN THE STATES (SHRC).
THE HUMAN RIGHTS COURTS (HRC).
47. ARMY HQ HUMAN RIGHTS CELL
(HRC)/ADG D&V
MONITORS HUMAN RIGHTS ISSUES
IN THE ARMY.
ENSURE HUMAN RIGHTS
VIOLATIONS ARE PROMPTLY
INVESTIGATED AND THE GUILTY
PUNISHED
48. 1.HUMAN RIGHTS CELL ACTS AS NODAL
AGENCY FOR RECEIVING THE
ALLEGATIONS/COMPLAINTS OF HUMAN
RIGHTS VIOLATIONS.
2.ALLEGATIONS OF HUMAN RIGHTS
VIOLATION ARE RECEIVED BY THE
HRC FROM –
(a) NHRC
(b) MOD AND MEA
(c) MEDIA
(d) REPORTS PUBLISHED BY VARIOUS
HUMAN RIGHTS ORGANIZATIONS.
49. 3.ALLEGATIONS ARE INVESTIGATED IN
DETAIL, PROCESSED AND FORWARDED
TO NHRC THROUGH MOD
4.EXEMPLARY PUNISHMENT TO ERRING
PERSONNEL
50.
51. IT IS BOUNDEN DUTY OF THE STATE
TO REPAIR THE DAMAGE DONE BY
ITS OFFICERS TO THE INDIVIDUAL’S
RIGHTS
COMPENSATION BY WAY OF PUBLIC
CLAIM
DISAPPEARANCE OF DETENU
CUSTODIAL VIOLENCE
CUSTODIAL DEATH
53. YEAR NUMBER OF
ALLEGATIONS
2002 - 166
2003 - 32
2004 - 35
2005 - 35
2006 - 29
54. ANALYSIS OF PUNISHMENTS
1994 TO 2006
TYPE OFFRS JCOs OR TOTAL
TERMINATION OF SERVICE 01 - 02 03
DISMISSAL WITH LIFE IMPRISONMENT - - 01 01
CASHIERED/DISMISSAL WITH RI 8-14
- - 24 24
YRS
CASHIERED/DISMISSAL WITH RI 1-8 YRS 03 - 09 12
DISMISSAL WITH RI UPTO 1 YR - - 06 06
DISMISSAL FROM SERVICE 01 - 04 05
RI IN MILITARY CUSTODY - 01 15 16
OTHER PUNISHMENTS 25 08 10 43
TOTAL PERS PUNISHED 30 09 71 110
55. ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS
FROM 1994 TO 2006
ITEMS J & K NE TOTAL
NUMBER OF ALLEGATIONS RECD 907 363 1270
NUMBERS INVESTIGATED 873 341 1214
NUMBERS UNDER INVESTIGATION 34 22 56
NUMBER OF FALSE/BASELESS
849 313 1162
ALLEGATIONS
NUMBERS FOUND TRUE 24 28 52
PERSONNEL PUNISHED 47 63 110
NUMBER OF CASES AWARDED
06 11 17
COMPENSATION
56. GOOD LAWS ARE BEGOT BY BAD
ACTIONS.
Macrobius
Saturnalia, C.400
57. AN ACT TO PROVIDE FOR SETTING OUT
THE PRACTICAL REGIME OF RIGHT TO
INFORMATION FOR CITIZENS TO SECURE
INFORMATION UNDER THE CONTROL OF
PUBLIC AUTHORITIES, IN ORDER TO
PROMOTE TRANSPARENCY AND
ACCOUNTABILITY IN THE WORKING OF
EVERY PUBLIC AUTHORITY.
58. SIGNATORY TO ALL TWELVE
SECTORAL CONVENTIONS ON
TERRORISM
BILATERAL AGREEMENTS TO COMBAT
TERRORISM, ORGANISED CRIMES,
DRUGS ETC
EXTRADITION TREATIES
TREATIES ON MUTUAL LEGAL
ASSISTANCE IN CRIMINAL MATTERS
59. MORE THAN 50 YEARS
COVERING 36 MISSIONS
65,000 SOLDIERS
AS OF JULY 2000 – SECOND LARGEST
TCC
60. IT MUST BE REMEMBERED
THAT MERELY BECAUSE POWER MAY
SOMETIMES BE ABUSED, IT IS NO
GROUND FOR DENYING, THE
EXISTENCE OF POWER. THE WISDOM
OF MAN HAS NOT YET BEEN ABLE TO
CONCEIVE OF A GOVERNMENT WITH
POWER SUFFICIENT TO ANSWER ALL
ITS LEGITIMATE NEEDS AND AT THE
SAME TIME INCAPABLE OF MISCHIEF.
Supreme Court Of India in State of
Rajasthan Vs UOI, 1978 (1) SLR (1)
61. LAW ENFORCERS DESERVE MORE
EFFECTIVE LEGAL TOOLS AND
BETTER LEGAL COVER
PLUGGING OF GAPS IN DOMESTIC
PROCEDURES TO RETAIN A PRO-ACTIVE
STANCE IN THE WAR
AGAINST TERRORISM.
SHARING OF INFO ABOUT NEW
LEGISLATIVE MEANS AND LATEST
CASE LAW.
62. TO BE EFFECTIVE, A
LIBERAL STATE MUST NOT
FOSTER VIOLENCE, IT
MUST CONQUER IT.
63. There are no dangerous thoughts;
thinking itself is dangerous.
Hannah Arendt