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INDIAN ARMED FORCES 
PERSPECTIVE 
IN THE BACKGROUND OF 
LOW INTENSITY CONFLICTS 
IN THE FORM OF COUNTER 
INSURGENCY, COUNTER 
TERRORISM, AND PEACE 
KEEPING OPERATIONS
PRESENTATION 
BY 
MAJ. GEN. NILENDRA KUMAR
LEGITIMACY, 
LEGAL 
DEVELOPMENT 
AND 
CHARTER
PANEL ON 
RULE OF LAW 
CIVIL AFFAIRS 
DOCTRINE 
& 
STABILITY 
OPERATIONS
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
 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
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
MILITANCY 
INSURGENCY 
TERRORISM
YEAR TERRORISTS 
KILLED IN 
ACTION 
TERRORISTS 
APPREHENDED 
CIVS 
FATAL 
CIVS 
INJURED 
WPNS 
RECOVERED 
AMN 
RECOVERED 
GRENADES 
RECOVERED 
EXPLOSIVES 
RECOVERED 
(IN KGS) 
2000 1432 274 630 817 1872 3,15,958 8773 3372 
2001 1890 662 806 1536 2176 1,86,889 10252 2386 
2002 1526 466 852 1406 2083 2,31,841 9171 1980 
2003 1397 313 644 1246 1971 2,29,220 9554 2613 
2004 885 224 595 1202 1417 1,67,059 7327 1996 
2005 876 240 486 924 1546 2,31,241 7369 5238 
2006 560 426 368 877 1325 1,47,045 7705 3199 
TOTAL 8566 2605 4381 8008 12,444 15,09,253 60,151 20,784
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
• CHANGING CONCEPT OF WARFARE 
• STRATEGIC & ECONOMIC 
CONSIDERATIONS 
• CONSTITUTIONAL FRAME WORK 
• ACTIVE JUDICIARY 
• FUNCTIONAL NHRC 
• LAWS OF ARMED CONFLICT
 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
NATURE OF OPERATIONS 
CONVENTIONAL 
COUNTER 
TERRORISM 
PKO 
DISASTER 
MANAGEMENT 
AND AID TO 
CIVIL 
AUTHORITIES 
COUNTER 
INSURGENCY
“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
General George H Decker, 1960
 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
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
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)
IRON FIST WITH 
VELVET GLOVE
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.
THREE PRONGED APPROACH 
SURGICAL COUNTER 
TERRORIST 
OPERATIONS 
WITH MINIMAL 
CASUALTIES 
WHAM 
PERCEPTION 
MANAGEMENT
1. HOSTAGE RESCUE 
2. ANTI TERRORIST 
OPERATIONS 
3. ASSISTANCE TO 
FOREIGN FRIENDLY 
GOVTS.
7X HOME & HEARTH BATTALIONS 
1200 X PERS EACH 
ROLE 
1. INTERFACE BETWEEN THE ARMY 
AND THE PEOPLE. 
2. ANTI-TERRORISM.
JAWAN AUR AWAAM, 
AMAN HAI MUQAAM. 
(WHETHER IT IS A SOLDIER OR 
CIVILIAN THE END STATE FOR 
BOTH IS PEACE)
ARMY AS A 
CATALYST FOR 
PEACE & 
DEVELOPMENT
MEANINGFUL PROGRAMME 
TO INVOLVE LOCALS 
MOBILE 
MEDICAL 
TEAMS 
MUSKAN 
ORPHANAGES 
FACILITATING 
HAJ 
PILGRIMS 
OP 
JI JANAB 
UJALA RAHAT
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.
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”
1. TRANSPARENCY 
2. MUTUAL TRUST & 
UNDERSTANDING 
3. LEVELS 
(a) LOCAL/TACTICAL 
(b) NATIONAL 
(c) INTERNATIONAL
 DISTORTION 
 MAINPULATION 
 DISINFORMATION 
TRUTH IS NOT A VIRTUE 
BUT A NECESSITY
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.
1. PRO INTERACTS DAILY. 
2. GOC ONCE A MONTH. 
3. IW BDE. 
4. www.armyinkashmir.org
IN THE ABSENCE OF A GLOBAL 
FRAME WORK, DOMESTIC 
LEGISLATION REMAINS THE 
ONLY LEGAL REMEDY AGAINST 
TERRORISM.
 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
To confer certain special 
powers upon members of the 
Armed Forces in disturbed 
areas.
STATES OF 
1. ARUNACHAL PRADESH 
2. ASSAM 
3. MANIPUR 
4. MEGHALAYA 
5. MIZORAM 
6. NAGALAND 
7. TRIPURA
APPLICABLE 
TO A DISTURBED AREA 
PRE CONDITION 
NOTIFICATION UNDER SECTION 3.
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
PRIOR SANCTION OF THE CENTRAL 
GOVERNMENT BEFORE INSTITUTING 
ANY PROSECUTION, SUIT OR OTHER 
LEGAL PROCEEDINGS.
NAGA PEOPLE’S MOVEMENT 
OF 
HUMAN RIGHTS 
VS 
UNION OF INDIA 
(AIR 1998 SC 431)
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.
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
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
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
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
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).
 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
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.
3.ALLEGATIONS ARE INVESTIGATED IN 
DETAIL, PROCESSED AND FORWARDED 
TO NHRC THROUGH MOD 
4.EXEMPLARY PUNISHMENT TO ERRING 
PERSONNEL
 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
(a) MANORAMA DEVI 
(b) MAJ RAHMAN
YEAR NUMBER OF 
ALLEGATIONS 
2002 - 166 
2003 - 32 
2004 - 35 
2005 - 35 
2006 - 29
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
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
GOOD LAWS ARE BEGOT BY BAD 
ACTIONS. 
Macrobius 
Saturnalia, C.400
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.
 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
 MORE THAN 50 YEARS 
 COVERING 36 MISSIONS 
 65,000 SOLDIERS 
 AS OF JULY 2000 – SECOND LARGEST 
TCC
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)
 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.
TO BE EFFECTIVE, A 
LIBERAL STATE MUST NOT 
FOSTER VIOLENCE, IT 
MUST CONQUER IT.
There are no dangerous thoughts; 
thinking itself is dangerous. 
Hannah Arendt

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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
  • 2. PRESENTATION BY MAJ. GEN. NILENDRA KUMAR
  • 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
  • 9. YEAR TERRORISTS KILLED IN ACTION TERRORISTS APPREHENDED CIVS FATAL CIVS INJURED WPNS RECOVERED AMN RECOVERED GRENADES RECOVERED EXPLOSIVES RECOVERED (IN KGS) 2000 1432 274 630 817 1872 3,15,958 8773 3372 2001 1890 662 806 1536 2176 1,86,889 10252 2386 2002 1526 466 852 1406 2083 2,31,841 9171 1980 2003 1397 313 644 1246 1971 2,29,220 9554 2613 2004 885 224 595 1202 1417 1,67,059 7327 1996 2005 876 240 486 924 1546 2,31,241 7369 5238 2006 560 426 368 877 1325 1,47,045 7705 3199 TOTAL 8566 2605 4381 8008 12,444 15,09,253 60,151 20,784
  • 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
  • 15. General George H Decker, 1960
  • 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)
  • 19. IRON FIST WITH VELVET GLOVE
  • 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)
  • 25. ARMY AS A CATALYST FOR PEACE & DEVELOPMENT
  • 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.
  • 40. NAGA PEOPLE’S MOVEMENT OF HUMAN RIGHTS VS UNION OF INDIA (AIR 1998 SC 431)
  • 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
  • 52. (a) MANORAMA DEVI (b) MAJ RAHMAN
  • 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