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Towards a just service

A recent news item stating that a senior Army Officer was made to put in his papers, for conduct unbecoming of a gentleman, brings into sharp focus the outdated system of administering justice in India's armed forces.

The officer, a Corps Commander known for his professionalism, was asked to resign because of his involvement with another officer's wife. Archaic? Possibly. Biblical? Without doubt.

India's armed forces certainly take their ten commandments seriously. Any coveting of a neighbor's wife, ever so gently called 'stealing the affection of a brother officer's wife', invites instant retribution. In the present case, the brother officer, a brigadier, had reportedly complained about his senior's conduct to the Army Chief.

They used to settle matters a little differently in the days gone by. Two centuries ago, the offended party challenged the stealer of affections to a duel and the best man, rather the best marksman, won. Indeed, the Casanovas of those days had not only to be great lovers but even better swordsmen.

India's armed forces have entered the 21st century with great fanfare. And yet the mores and morals of the services remain Victorian. In an age when women are at last serving alongside men on the battlefield, and gays and lesbians are openly admitted in foreign armed forces, dismissal from service for adultery appears to be out of place.

Surprisingly, people appeared to be far more tolerant in the years gone by. One thing is certain. England's greatest war hero, Horatio Nelson, could never have fought in the Indian Navy. To start with, with one arm and one eye lost in earlier battles, he would been boarded out by our medical experts as unfit for sea. Furthermore, the well-married Nelson was openly carrying on with Lady Emma Hamilton, wife of Sir William Hamilton, His Majesty's ambassador to Rome.

Indeed, the great hero's last thoughts were for his beloved, as he lay dying on the decks of his flagship, Victory. 'Will someone look after poor Emma?' he pleaded. Of course, nobody did and she died in penury.

In noble and fair France, every monarch from Louis Quatorze, the Sun King, onwards had his mistress. Not only did they have official recognition but took part in matters of state. Madames de Maintenon and Pompadour were highly respected and brought to bear their not insignificant gifts in statesmanship on decision making. The post of the King's mistress was so highly coveted that French noblemen openly flaunted their wives in front of the monarch or the dauphin hoping to attract their wandering eyes and thus make their fortune.

They do things a little more discreetly in modern France. Yet, no one batted an eyelid when it was discovered that not only did President Mitterand have an extramarital affair but had an offspring from the liaison as well.

Having extramarital affairs is not restricted to the West. The illustrious Peshwa, Bajirao I, well married and father of three, not only carried on openly with the courtesan Mastani, but even built a palace for her. No one dared ask Bajirao, who went down in history as one of the greatest Maratha heroes, next only to the great Shivaji, to "put in his papers."

In recent history, Nehru's trysts with Lady Mountbatten are now more or less accepted history. Some documents indicate that Lord Louis was fully aware of the fact and was not particularly disturbed in view of his loveless marriage.

Coming back to the Army resignation, what smacks one as unfair are the double standards and the total absence of any legal process in the dismissal. The behaviour of our leading politicians and other well-known personalities smacks of hypocrisy and arrogance. Public preaching is invariably accompanied by private merry-making. Well known film stars and role models openly flout the Hindu law of bigamy by well publicised extra-marital affairs. In such an environment it is no surprise that the echo of such affairs is found in the services where officers live in close proximity and come together frequently on social occasions.

An occasional extra-marital affair is bound to crop up from time to time. Unfortunately, the consequences for any such action are too harsh and too arbitrary in today's service. Indeed, according to existing regulations, even the naming of an officer as a co-respondent in a divorce suit is enough to require his resignation. No proof is necessary. A serviceman cannot be blamed for wondering why for the same offence a politician, film star or cricketer is forgiven and made a role model while he has to resign.

Calling for a person's resignation is itself a circumvention of the due process of law. Admittedly, there are occasions in a country's armed forces when a long winded legal procedure has to be bypassed in favour of discipline and speedy action. Thus every officer serves at the 'pleasure of the President' and there are occasions when the President may be required to withdraw that pleasure.

Yet, such occasions should be rare and must not be used as a matter of course. Every officer and man serving in the armed forces has a right to expect due process of law when he is supposed to have committed an offence. Unfortunately, respect for law, is not one of the outstanding qualities in today's armed forces. The services are so obsessed with maintaining an image and so paranoid about discipline that quick and speedy action has become more important than justice.

One of the instruments by which such action is taken is known as 'administrative action'. Showcause notices are served and explanations called for. These may eventually lead to the offender incurring the 'severe displeasure' of a senior officer. The duration of such an action may be anywhere up to three years.

Legal luminaries in the armed forces insist that administrative action is not a punishment. But the consequences are just as drastic. In the Indian Navy, for example, an officer cannot be promoted while a displeasure chit is hanging around in his dossier.

Ironically, there have been cases where an officer convicted by a court-martial and receiving a "reprimand" has been promoted where another receiving a displeasure has been denied his due. No less a body than India's Supreme Court has recently passed strictures against the Army Act as well as the system of courts-martial as "archaic" and called for amendments. The court noted that there was the absence of even one appeal in the Armed Forces while a counterpart civilian convict enjoys the right of appeal after appeal to higher courts.

It should strike India's armed forces that their present method of dispensing extra-legal justice smacks of human rights violations. The forces would do well to indulge in some introspection and amend their ways. A just and civilised army is far more important than a puritan and disciplined one.

Admiral J G Nadkarni (retd)