Human Rights in the Indian Armed Forces

An Analysis of Article 33

Dr. U. C. Jha, Sanghamitra Choudhury (Autoren)

Buch | Hardcover

390 Seiten

2018
VIJ Books (India) Pty Ltd (Verlag)
978-93-88161-22-0 (ISBN)

Infos

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.

Autor

Wing Commander (Dr) U C Jha, has extensive field and academic experience in military law, international humanitarian law and human rights laws. He holds a Ph D degree in Law and Governance from Jawaharlal Nehru University. His recent publications include: Child Soldiers: Practice, Law and Remedies (2018); Military Weapons and Environment (2018); The Law of Armed Conflict: An Introduction, with Dr K Ratnabali (2017); Indian Military--Domestic Deployment: Armed Forces Special Powers Act and Human Rights (2017); A Handbook of Military Law: Reference Manual (2016); Killer Robots--Lethal Autonomous Weapon Systems: Legal, Ethical and Moral Challenges (2016); Drone Wars: Ethical, Legal and Strategic Implications (2014); and Armed Conflict and Environmental Damage (2014). 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.

Inhalt

Preface
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
Appendices
I.
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.
Bibliography
Index

Produkt-Details

• Erscheinungsdatum: 26.11.2018
• Verlagsort: New Delhi
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Öffentliches Recht
• ISBN-10: 93-88161-22-X / 938816122X
• ISBN-13: 978-93-88161-22-0 / 9789388161220
• Zustand: Neuware