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.

Vij Books
  • Pages: 390
  • 9789388161220 • HARDBACK • Nov 2018 • Rs.1250
  • 9789388161244 • EBOOK • Dec 2018 • Rs.995
  • Subjects: Military Law
  • Human Rights in the Indian Armed Forces : An Analysis of Article 33
author details

Dr Sanghamitra Choudhury is an Assistant Professor in the Dept of Peace Studies, Sikkim Central University. She is an Alumni from the Hague Academy of International Law, The Netherlands and a post doctorate from the University of Oxford, UK. Her areas of interests are Gender and Peace, Human Security, Humanitarian and Human Rights Law. Dr Sanghamitra has completed her Ph D from the Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi.

Dr U C Jha is an independent researcher. He has an extensive academic experience in the fields of military law, international humanitarian law and human rights laws. He has been teaching these subjects for more than a decade and is a resource person for the United Service Institution of India, New Delhi. He has served in the Indian Air Force for 24 years. He obtained a Ph D degree in Law and Governance from Jawaharlal Nehru University, where his dissertation was on the Indian Military Justice System. He also holds master's degree in law, life sciences, business administration, and defence and strategic studies; with post-graduate diplomas in environmental laws, intellectual property laws, and international humanitarian law, refugee law and human rights laws.

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
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.