It
is my proud privilege to be present here for the inauguration of the Jaipur
Bench of the Armed Forces Tribunal. It is hoped that this Tribunal
will serve as an effective grievance redressal mechanism for the defence
personnel who are called on to make countless personal sacrifices to
protect the country. Thousands of them have laid down their lives during
armed conflicts and all of them have rendered exemplary service
during emergency situations such as those which follow natural disasters
and civil disturbances. Whenever or wherever they are called, they are ready to
serve the country. Many of the100
armed forces personnel work in far flung areas and in a way the justice
delivery system is inaccessible to them.120 Even if they have genuine grievances, it
is considerably difficult for them to directly approach the judicial system.
Therefore, it140 was
necessary to create a specialized forum wherein their interests
would be accounted for while at the same time maintaining160 the prestige of the armed forces.
It is with this objective in mind that the Armed Forces Tribunal was
conceived of. It was Justice D.A. Desai who had expressed the necessity for
providing a right of appeal against the orders, findings200 and sentences given in court-martial
proceedings. These observations were made in the case of Lt.
Col. P.P.S. Bedi and Others versus Union of India and Others, and later also
highlighted in the 169th Report of the240
Law Commission of India. This report had also stressed on the need for
amending the relevant provisions of the Army Act 1950, the Air Force Act 1950,
and the Navy Act 1957. It was perceived that280
the content of these legislations had largely carried on the
colonial-era mindset of authoritarianism. However, with the passage of
time300 it was necessary
for the military justice system to evolve towards liberal norms while at the
same time ensuring that320 a
high level of discipline and efficiency is maintained among the personnel. In
pursuance of these objectives, The Armed Forces Tribunal Bill was introduced in
the Rajya Sabha in December, 2005. The Bill was referred to the Parliamentary360 Standing Committee on Defence and was
subsequently passed and enacted as the Armed Forces Tribunal Act, 2007. The
Principal Bench of the Armed Forces Tribunal has been set up in New Delhi, and
the same was inaugurated in400
August, 2009. Apart from the Jaipur Bench, there will be regional
benches located in Chandigarh, Lucknow, Mumbai, Kolkata,420 Guwahati, Chennai and Kochi
respectively. While the benches at Delhi, Jaipur and Lucknow will have three courts
each, the other benches will have one court respectively. Each Court will be
manned by one judicial member and one administrative member. The Tribunal has
been given original as well as appellate jurisdiction. In its original
jurisdiction, the Tribunal has been empowered to480 hear and decide grievances pertaining to service matters
such as those relating to remuneration, retirement benefits, tenure, appointment,
seniority, promotion,500 and superannuation
among others. Prior to the establishment of the Armed Forces Tribunal, defence
personnel had no other option but to approach the High Courts or the Supreme
Court to seek relief in such matters. With the creation of the Armed
Forces Tribunal, they will have access to an exclusive and specialized
forum. The pending matters will also be transferred from the respective
High Courts to the benches of the Tribunal. However, disputes about aspects
such as leave, postings and transfers will not be justiciable
before the Tribunal. These subjects were left out since it was felt
that the inclusion600 of the
same could encourage vexatious litigation. Another safeguard against frivolous
claims is that parties who approach the Tribunal must demonstrate that they
have already exhausted the remedies available to them under administrative
rules and regulations.
In
its appellate functions,640
the Tribunal has been empowered to decide appeals against the decisions given
in court-martial proceedings. It has been given the power to enhance as
well as commute sentences along with the authority to mitigate any punishments.
Most importantly, the Tribunal will have the power to grant bail to
persons placed in military custody. This is seen as a significant safeguard,700 since the tense environment that
prevails during active operations or in a disturbed area may unconsciously
lead to hasty decisions.720
However, there will be no right of appeal against the decisions given in
summary court martial proceedings, unless the punishment exceeds imprisonment
for a period of three months. In many cases, officers who serve as
judges in court martial proceedings may not strictly adhere to procedural
safeguards such as giving a fair hearing to the accused person and due
consideration of the materials on record. Hence, it is important for
cases to be examined by impartial persons who are insulated800 from the routine pressures of military
life. This is the rationale for appointing retired members of the higher
judiciary to serve on the Armed Forces Tribunal. At the same time, there is
also an essential need for specialized knowledge about840 military conventions and practices to
decide cases in an expeditious manner. Therefore, the Tribunal is composed of a
nearly equal number of judicial members and administrative members. The
administrative members are retired officers of senior ranks and those who
have served in the Judge Advocate General branch. The Armed Forces Tribunal
has been vested with the powers given to ordinary900 courts such as those of requiring the
attendance of witnesses, the production of documents and the recording of evidence.
In the exercise of its original jurisdiction over service matters, the Tribunal
is not bound to follow the Code of Civil Procedure, 1908 but the members
must ensure that the principles of natural justice are strictly adhered to.
Defence960 personnel can
present their cases themselves or seek representation through a lawyer of
their own choice. Furthermore, the Tribunal will980 function as a court of record and will
have the power to punish for contempt. It will exercise powers similar1000 to those of a criminal court in
respect of offences such as forgery, perjury and misrepresentation
in the proceedings. Parties who will be aggrieved by the
decisions of the Tribunal will have the option of approaching the Supreme Court
by way of a petition seeking special leave to appeal under Article 136
of the Constitution of India.
The
Armed Forces Tribunal Act, 2007 has also conferred certain rule-making
powers on the Central Government which have already1080 been exercised to frame rules about
aspects such as the appointment of members, the procedure to be followed
in proceedings, the procedure for investigating allegations of misconduct
by members and their removal among others. In short, there is a clear1120 intent of ensuring substantive
as well as procedural justice. I would like to emphasize that the
success of any Tribunal can be judged on three general parameters. The primary
concern is that of ensuring institutional as well as personal
independence when it comes to making decisions. Secondly, the members must
demonstrate efficiency by maintaining a healthy disposal rate. The third
parameter is that of proper enforcement of the orders and decisions. It is my
sincere hope that the various benches of the Armed Forces Tribunal will perform
well on all of these counts. With these words, I would like to express my
gratitude for the opportunity to speak here today.
Ladies
and Gentlemen, I am grateful for the invitation to attend this programme. There
is an inherent correlation between the empowerment of women and the promotion
of peace and development1260
in any society. Women play the essential role of nurturing the next
generation and looking after the welfare of their families. Hence, the
education, proper healthcare and equality of opportunity in the realms of
employment and political participation expands personal freedoms and enhances social
welfare at the same time. However, our society is rife with
gender-based discrimination which is evident in the private as well as
public sphere. The problem begins with social evils such as sex-selective
abortion, female infanticide and abandonment of baby girls, which
skews the overall gender-balance in the population. Girl children also face disadvantages
in matters such as nutrition, education and healthcare in comparison to boys.
As girls reach their adulthood, they face an increased risk of sexual
abuse. Even in the marital home, there is widespread prevalence of dowry
harassment, domestic violence and subordination in1400 matters relating to ownership and
control of property. In the public sphere, chauvinistic attitudes have
persisted and it is only in recent years that there has been
a significant increase in the number of women who form part of the1440 workforce. Despite these gains, there
are several obstacles which prevent women from making progress.
Gender-based discrimination is a complex web and some forms of discrimination
are often defended by invoking customs and religious beliefs. The foremost
means for engineering social reforms is obviously that of education.
This means that gender-justice should not only be an important component
of the school and college curriculum but it should be constantly
emphasized through the mass media and public awareness campaigns. The family is
of course the most important site for inculcating respect for women. If the
female members of the family are treated with dignity and have an equal say
inside the four walls of a home, they will also be empowered in the
public sphere. With each passing year, more and more girls are excelling
in studies and making a mark in the various professions. If our country has to
become an economic power in the years to come, we must take1600 effective steps to give our women
enough opportunities as well as social mobility. In this respect, I must
highlight the role that the Legal Services Authorities can play in
order to expand the reach of the various welfare schemes.
