Human Rights and Indian Armed Forces

So, let’s talk about Human Rights and how they fit into the Indian Armed Forces. 

People have been thinking about human rights for a long time, even before the U.S. Bill of Rights was written in 1791.The Bill of Rights is an important document because it lists basic freedoms that everyone should have, no matter who they are. These rights are meant to be for everyone everywhere, but sometimes people don't get to enjoy them equally.

Now, these rights are usually divided into three types.

The first kind includes the essential stuff needed for living and spiritual well-being like the right to life and freedom to worship. The second type deals with rights related to politics, education, and business. The third type is about protecting our environment and cultural heritage.

But when you mix Human Rights with the Armed Forces, things get a bit sticky. Soldiers are seen as the guardians of national security, but there have been times when they've been accused of violating these rights. Some folks argue that the media and others might unfairly target them with these accusations.

To really understand the role of the Armed Forces, you have to look at what the Indian Constitution and a few other laws like The Army Act and The Armed Forces (Special Powers) Act say. In India, 'Human Rights' are more or less the same as 'Fundamental Rights' listed in the Constitution. But, there's a catch—these rights can be limited for soldiers based on what the constitution allows, mainly to keep discipline and ensure they do their jobs right.

There’s a law called the Protection of Human Rights Act that was set up to keep an eye on human rights in India. It created the National Human Rights Commission (NHRC) which checks out complaints of human rights violations. However, there's a twist when it comes to military personnel. The NHRC can’t just dive into investigations against them without going through the government first, thanks to how military law works.

One law that often gets talked about is the Armed Forces (Special Powers) Act, or AFSPA. It gives the military special powers in areas that are considered pretty volatile. This law has been around since 1958 and hasn’t been scrapped by any government, which shows it’s considered pretty necessary. Yet, it’s also faced a lot of criticism for being too harsh.

The Supreme Court has had to step in and set some rules on how AFSPA is used, like making sure the military doesn’t overstep and that they consult with state governments before taking any major actions.

Despite some checks and balances, there's a lot of debate about whether the military sometimes goes too far under AFSPA, especially in sensitive regions like Jammu & Kashmir and the North-East. There have been calls to tone down or even redo some parts of AFSPA, but changing it isn't simple. It’s all about balancing the need for security with respecting people’s rights.

To wrap it up, there’s a big push to make sure soldiers are more aware of human rights through training and workshops. It’s all about making sure everyone, even those in the military, respects and upholds human rights.

Jai Hind!