In this presentation one would find an objective appraisal of the disciplinary state of Indian Army having due regard to the imperative need for its affect on operational readiness. It also gives suggestions to improve the way ahead.

2. A Presentation By
Maj Gen. Nilendra Kumar
AVSM, VSM (Retd)
Director
Amity Law School,
Noida.

3. Third Veterans Day Seminar
15 December 2013
At
Chandi Mandir

4. Post Independence evolving contours of the Indian
military society.

5. Resources ( read armament) crunch, need for
procurements and manpower state of the Army is often
under discussion.

6. Such discussions witness concern expressed over the
budgetary allocation.

7. Political indifference or bureaucratic interference in
matters of military

8. It is in fashion to speak on geo-strategic issues

9. What is not discussed is the ethical audit of the military.
Indian Army was trained and governed by the British on
the bedrock of a high standard of discipline.

10. Remember that the edifice of Indian Army is founded
upon the Chetwood credo.

11. 1. The safety, honour and welfare of our country comes first
always and every time.
2. The honour, welfare and comfort of the men you command
come next.
3. Your own ease, comfort and safety come last always and
every time.
The credo embodies reliance on ethics and morality

12. Safety, honour and welfare of the country has been held to
be sacred and could be ensured only through strict
adherence to ethics and morality.

13. It is now time to take a stock of ethical state of the men in
uniform.

14. ETHICS
“The art of directing men‟s actions to the production of the
greatest possible quantity of happiness on the part of those whose
interest is in view.”
- Jeremy Bentham
(English jurist and Philosopher)

15. A commander is expected to give to the men under his command
a fair deal, impartially and exhibit his own upright conduct.

16. It means-
1. Principles concerning right and wrong or good and
bad behaviour.
2. The degree to which something is right or wrong,
good or bad.
3. A system of moral principles followed by a particular
group of people.

17. The notions of ethics and morality in practice will
contribute to attainment of a high standard of discipline.

18. DISCIPLINE
The authoritative declared laws, rules and regulations for the guidance of all
men and matters, the obedience to and exercise of those laws cooperative and
active obedience to the orders and command of one‟s superior officers.
Discipline is an essential attribute of success in man management. Man
management involves controlling and organizing the people who work in a
business or organization.
Discipline is an essential attribute of success in man management.
High discipline can not co-exist with instances of moral turpitude lapses.

19. The term constituting moral turpitude must be imputed
with an act constituting an offence which is dishonest or
immoral, or any conduct which is so unethical as to render
the offender unfit to hold the office

20. Even in ancient times, the soldiers were expected to behave in an honourable
and dignified manner.
Kautilya, in the Arthashastra, has stressed on the adherence to a high moral
code by the desired standard of military discipline.
That was a few thousand years back. His teachings guided the kings and
warriors for generations.
The soldiers were respected for their courage, valour, skill at arms and
adherence to moral code

21. Types of offences that have come to light in recent years
show that nothing is sacrosanct any more.

22. Sale of ordnance allotted weapons.

23.  Tent scam
 Egg scandal
 Dal scandal
 Meat scandal
 Scam involving recruitment for jobs at NDA

24. Allegations of-
 Tender manipulation
 Cartelization
 Poor quality control
 Use of substandard material

25. A few years back, came the shocking revelations of the
Tehelka sting operations.

26.  The involvement of Maj Gen PSK Choudhry, Brig Iqbal Singh and others
 Gen NC Vij was named in Adarsh scam.
 Gen JJ Singh was blamed by Gen VK Singh for machinations with a view
to manipulate Army‟s line of succession.
 Gen Deepak Kapoor named in Parag and Adarsh matters.
 Gen VK Singh at one stage , had to consider action initated against Lt Gen
Tejinder Singh for defamation.
Finally, the actual facts emerged.

27. ACM SP Tyagi named in the probe underway relating to
procurement of choppers.

28. An Army Chief asking for disability pension after retirement.
It is not known whether the same was granted.
In short, the names of the former service chiefs also figure in
various controversies

29. Their culpability is not the issue. What is undisputed is the
erosion from the high expectations from those holding
high office and a blow to the image of senior
commanders.

30.  Scale of club membership- Brig. KTC Nambiar
 Scam regarding stores for- Maj Gen Anil Swarup
 Illegal visits abroad- Brig. (Sub Area Cdr. Meerut)
 Sale medicines- Brig. Kaistha
 MI Funds misuse-
1. Brig. Divekar
2. Brig. Illangovan

31.  Military Secrets- Maj Gen Larkins
 Bungling in Ordnance purchases- Maj Gen ML Yadav

32. According to one view, senior commanders in the military
can all be grouped in three categories, except for a few.
 Thieves
 Robbers
 Dacoits

33. S. No. Sexual GOC 3 Infantry Division
1. Defence Land Adarsh, Sukna
2 Grab of a Bunglow in Cantt GOC in C Centre Comd.
3 Change of Date of Birth Gen V.K. Singh
4 False Decorations
5 MI Fund GOC 6 Infantry Division

34. There have been other allegations regarding lapses in the
nature of moral turpitude

35. Charges that appeared shocking in following instances-
1. Ketchup Colonel
2. Booze Brigadier
3. Colonel HS Kohli tried for faking militants kills in Assam in
a bid to claim gallantry awards.
4. Brig. RK Singh of Maratha Light Infantry.

36. Cases of collective insubordination have caused a severe blow to
the military‟s assertion of having an exemplary state of man
management.
1. Nyoma (Leh) incident of 12 May 2012 involving 226 Field
Regiment.
2. Clash between officers and soldiers of 10 Sikh Light Infantry
on 10 October 2013

37. Unofficer like conduct and infringement of discipline has
not remained confined to middle rank officers and those
below only.

38. This may give confusing impression to the rank and file.
Perhaps the importance of the „man‟ behind the gun has
been lost sight of.

39. Many people believe that the violent and disruptive nature
of war makes a military ethic impossible.
Pacifists claim that the horrible and ungovernable nature
of war makes it morally wrong.
1. End justifies the means
2. Ultimately it is victory that matters
3. Body kahan hai?

40. 1. Service rations
2. Entry of rum in the officers messes
3. Permission of officers to travel second class in trains
4. Induction of women

41. 1. PPS Bedi
2. Tehelka
3. Sukna
4. Adarsh

42. 1. Reflection of the societal norms.
2. Absence of a role model.
3. Not enough importance given to ethical competence.
4. A „Chalta hai‟ attitude.
5. Punishment melted out is not exemplary.
6. Rat race
7. Training neglected
8. Inadequate monitoring

43. 1. Corruption
2. Espionage
3. Sexual exploitation
4. Sexual deviant behaviour
5. Human Right Violation (fake killing)
6. Communal favoritism
Unethical and immoral attitude could perhaps be due to a
desire to achieve results adopting any means
Beg, borrow, steal or manufacture.
Everything is fair in love and war.

44.  Erosion in value system
 Living beyond means

45. Example of rat race consequences- Kalkat Kadyan court battle.
On one hand discontinuation of practice in Army Order of
publications of court martial result and on the other increase in
number and type of offences

46. Conducts and ethics of HRD officials, MS Branch, record
offices, discipline and vigilance staff and officers of the
Judge Advocate General‟s Department.

47. Inadequacy of Defence Services Regulations ( Regulations for the Army).
RA (DSR) is silent on following-
1. Application of RTI Act to the Army
2. Induction of women in officer cadre
3. Setting up of Army AD Corps or Army Aviation.
4. Integration service HQ and tri service formations.

48. Failure to frame:
1. Uniform Code of Military Justice
2. Tri Service Act

49. Indifference of military think tanks and institutions:
1. USI
2. IDSA
3. CLAW
4. CDM,DIWS, DSSC and College of Combat etc.

50. No study has been carried out so far on a number of
weighty issues.
The point made is that the Army as whole and also the
successive leadership have been indifferent and casual
about the aspects of discipline and ethics and their
significance.

51. Estimation of efficacy of Armed Forces Tribunal.
1. Deficiency of members
2. Benches non functional
3. Decisions not implemented
4. Decisions overturned
Have a look at US Military

52. A cadet will not lie, cheat, steal or tolerate those who do.
A cadet is inducted, retained, trained and groomed as a
gentleman cadet till he is found fit to be commissioned as
an officer.

53. Profession Beginner
Civil Servants Probationer
Medic House Surgeon/ Resident
Engineer Apprentice
Military Gentleman Cadet

54.  Adaptability
 Concentration
 Administration
 Surprise
 Economy of efforts
 Offensive action
 Flexibility
 Co-operation
 Speed
 Morale

55. Leadership by example:
1. Babar
2. Shivaji
3. Montgomery

56.  Field Marshall KM Cariappa
 Field Marshall SHFJ Manekshaw
 Lt Gen Nathu Singh
 Gen Thimayya KS
 Lt Gen Thorat SPP
 Breg. Mohammad Usman
 Lt Gen PS Bhagat
 Lt Gen MA Zaki

57.  Military ethics must be an ethics for peace time as well
as an ethics for war.
 Need for a practical approach and utilitarian approach,
drawing on real military experiences.

58. 1. Practice what you preach
2. Set an example
3. Example has to be set from the top
4. Not mere lip service
5. Undertake ethics and moral audit of the units and
formations.

59. Perhaps the man behind the gun is being neglected or
forgotten.

60. 1. Discourage ostentatious life style.
2. Utilize unorthodox methods to gain information about
officers living beyond their means.
3. Publish results of CM in Army order.
4. Social boycott
5. Design and organize courses and workshops on ethics
and morality.
6. Set up an organization of Inspector of the Army.

61.  Careful and stringent selection.
 Identify qualities.
 Non-derogable on moral turpitude infractions.
 Make discipline a command function and traits.
 Regular mid service courses for junior, middle rank and senior
commanders on ethics and morality.
 Actual and realistic case studies to be discussed.
 Highlight difference between privileges of office as opposed
to misuse/abuse of authority.

62. THANK YOU