A superior or a commander is provided certain benefits or privileges to facilitate proper performance of his duties. These advantages are to be used in public interest. An element of personal interest would go to vitiate the exercise of authority. Such a situation in military may lead to erosion in authority of the superior bringing out adverse consequences, more so in combat.

1. Thin Line Between Privileges of Rank and
Misuse of Office

2. PRESENTATION
Fifth International Symposium on Security
and Military Law organised by the JAG,
Republic of Korea Army, at Seoul on 26
September, 2014.

3. PRESENTATION BY:
Maj. Gen. Nilendra Kumar (Retd.),
Director,
Amity Law School, Noida
and
Former JAG Indian Army

4. Focus on operations strategy, methods and
means of warfare, weapons development and
arms procurement should not be ignored one
vital aspect.

5. Issues invariably discussed

6. Methods
&
Means of Warfare

7. MATTERS HIGHLIGHTED FOR EXAMPLES
1. New weapon technologies
2. Drones
3. UAVs
4. Autonomous weapons
5. Computer and cyber matters
6. Asymmetric war
7. Ballistic missiles system

8. Can we ignore the
man behind the gun?

9. The personal attributes to be cultivated

10. C4I
Caliber
Competence of the men
Character in uniform
Commitment
Integrity

11. The topic concerns an issue of ethics and
morality for the military officers.

12. Though the presentation is in the specific
context of security forces, it would apply
broadly to other spheres also.

13. ABSTRACT
A military unit or formation consists of body of
men organised to prosecute the mission
assigned to them by their commander. Military
discipline expects instant compliance of the
orders of the superior in letter and spirit. It
does not tolerate any hesitation, reservation or
disregard. A soldier is not to question the
need, rationale or logic of the decision (read
actions of the higher authority).
xxx/contd…

14. At the same time, the service conditions and
traditions give certain privileges to the
commanders and superiors. Military ethos,
courtesy, decorum also legitimises such
advantages or benefits which may be called
privileges. However, there is a clear
distinction
between privileges of service and their
misuse
or abuse.

15. The latter category is to be discouraged and
curbed to achieve a high standard of
discipline
and serve public interest.

16. The very nature of military service involves
issue
of orders, and obedience thereof.

17. Military command is one of finest forms of
governance where a superior officer’s
orders
may entail a risk of supreme sacrifice.

18. The subordinates have to harbour total faith
and trust in their superior.

19. They are conditioned to blindly and
instinctively follow his command.
Such a conditioning is brought about by
way of training.

20. An officer is trained and groomed to be a
gentleman.

21. While at the military academy the status
of
a trainee is of a Gentlemen Cadet.

22. An officer has to show due adherence to
honour
code.

23. It is to be noted that one is expected to be
a
gentleman first. The military training part
is
taken up thereafter.

24. Thus the traditional emphasis has been on
observance of personal conduct and
ethics.

25. CADET HONOUR CODE AT WEST POINT
A cadet will not lie, cheat or steal or tolerate
those who do.

26. The Motto
of the
Indian Military Academy

27. The safety, honour and welfare of your country
come first, always and every time.
The honour, welfare and comfort of the men
you
command come next.
Your own ease, comfort and safety come last,
always and every time.

28. It is expected that the orders issued and
exercise of command would be objective
and justified by military necessity.

29. The order must not prosecute personal
interest or promote own agenda.
The military leadership is structured, based
and groomed on ‘service above self’.

30. An obvious question therefore is what meant
by
misuse and abuse?

31. MISUSE
improper, unlawful or incorrect use,
misapplication. It implies mistreat
or abuse.

32. ABUSE
use to bad effect or for a bad purpose, misuse.

33. Despite misuse containing an element of
abuse, abuse is an aggravated form of
misuse.

34. The nature and demands of service entails
privileges and advantages to the commanders.

35. A commander is thus a privileged person

36. PRIVILEGE
a special right, advantage, or immunity granted
or available only to a particular person or
group.

37. Privilege is exemption from a liability or
obligation to which others are subject.
It is something regarded as a special
honour.

38. PRIVILEGES OF RANK

39. A higher commander may be accommodated in
flag staff house. He may require a vantage
position from which to operate. May need an
exclusive tank, aircraft or ship. He is provided
with
a staff officer to take care of his personal needs.
Further, the commander may be designated as
competent authority to sanction funds,
resources
or move of personnel /units.

40. He is thus the Boss

41. Captain of a ship is served food in his cabin.
He does not come to the mess or dining
hall.
In fact, he does so only when he is invited.

42. Resultantly, he is not a member of the Officer’s
Mess. He is not called upon to pay a mess bill.
He is not presented with a mess bill.

43. BATMAN OR ORDERLY

44. A batman is a soldier or airman assigned to
a
commissioned officer as a personal
servant.

45. Services
of
an orderly is a
privilege

46. There would be a variety of lapses in the
nature of misuse or abuse.
Military offences relating to misuse or abuse
of
privileges.

47. Depending upon the nature of transaction the
offence could take any or more of the following.

48. OFFENCES
1. Unbecoming conduct
2. Ill-treating a subordinate
3. Irregularity in connection with arrest or
confinement.
4. Offences in respect of property
5. Extortion or corruption
6. Falsying official documents and false
declaration

49. 7. Unlawful detention of pay
8. Directly or indirectly accepting or obtaining
for himself or for any other person any
gratification as a motive or reward

50. Illustration of use and abuse of military
privileges.

51. USE MISUSE
1. Use of an orderly
or batman
1. Making him wash
clothes
2. Preparing uniform
kit or equipment
2. Work in personal
kitchen garden
3. Use of official
transport for duty
3. It’s used to take
officer’s wife for
shopping
4. To organise/host a
party in the mess
4. To summon mess
cook to work at
the residence

52. Minor or initial instances lead to greater
lapses
and then offences.
Difference between thieves, robbers and
dacoits.

53. ABUSE MAY LEAD TO
1. Misconduct
2. Cheating
3. Misappropriation
4. Bribery, etc.

54. An Actual Instance
Use of official transport in a remote area by the
wife of a senior who used to teach in a junior
School.
But she did not care to take wife of an NCO
who
also worked at the same place.

55. A Central issue!
Why are misuses tolerated?
Reasons for the deviation from the honour
code.

56. The notion that the end justifies the means.
Beg, borrow or steal!

57. Lack of courage on the part of colleagues
or
subordinates to report.
1.Abuses are overlooked because one may
not be directly involved or targeted.
2.Tendency to look the other way.
3. Reluctance to report.

58. Sycophancy

59. Lack of whistle blowers

60. Silence and tolerance leads to, or
encourages further misdemeanors with
impunity.

61. Yet another reason is the risk involved in
making
false accusation against a superior.

62. As a rule an accused is presumed to be
innocent till proved otherwise. Secondly, the
onus to prove the charge in such a case is on
prosecution.

63. An unhealthy practice is followed where
multiple allegations found to be true are
ignored but action is taken for one odd that
could not be substantiated.

64. It emboldens the offender

65. Remedy
Roko, Toko, Thoko
Stop, warn and punish

66. Ensure dignity of a soldier

67. Ensure no misuse of men or official
resources
or public money.

68. A Thumb Rule
Disregard or deviation from the laid down
norms may be justified or accepted in the
interest of service, or exigencies of duty,
provided no personal interest was
intended.
The question of ethics is about the choice
of
path.

69. CONCLUSION
A commander has to make a difficult
choice,
guided by one’s conscience. Conscience
is
described as a fallible moral judgment
which,
If acknowledged produces actions and if
ignored, merely produces a sense of guilt.