Human Rights In The Indian Armed Forces: An Analysis Of Article 33 by Dr. U C JhaHuman Rights In The Indian Armed Forces: An Analysis Of Article 33 by Dr. U C Jha

Human Rights In The Indian Armed Forces: An Analysis Of Article 33

byDr. U C Jha, Dr Sanghamitra Choudhury

Hardcover | July 3, 2019

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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.
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 Environm...
Title:Human Rights In The Indian Armed Forces: An Analysis Of Article 33Format:HardcoverProduct dimensions:390 pages, 9.38 × 6.23 × 1.17 inShipping dimensions:9.38 × 6.23 × 1.17 inPublished:July 3, 2019Publisher:Vij Books IndiaLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:938816122X

ISBN - 13:9789388161220


Table of Contents

Preface I IntroductionII Conditions of Service and Fundamental RightsIII The Rights in Disciplinary ProcessIV Judicial Interpretation: Rights of the Members of the Armed ForcesV Constitutional Restrictions on the Fundamental Rights Examples from Democratic StatesVI Conclusion and RecommendationsAppendicesI. 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