Modi Government politicized surgical strikes but did little for soldiers

By Prakash Katoch 

The Indian government has celebrated the second anniversary of the 2016 surgical strikes featured in a cross-border raid into Pakistan-administered Kashmir in retaliation for the killing of 19 soldiers at Uri in Jammu and Kashmir by four heavily armed terrorists of the Pakistan-backed Jaish-e-Mohammed group.

The adjective “surgical” was added by the government to dramatize the fact that the raid on multiple terrorist launch pads did not involve hand-to-hand combat. The government claimed that some 40 terrorists and two Pakistani Army regulars were killed, though Pakistan denied that the raid happened. But telephonic conversations between Pakistani police officials and Indian reporters from the Network 18 news channel confirm Pakistani casualties, though the number remains ambiguous. 

Immediately after the raid, Indian politicians began boasting that Pakistan had been “taught a lesson,” and that cross-border terrorism would stop. Prime Minister Narendra Modi even proclaimed that he had called up Pakistan but no Pakistani general was “available” to talk to him, implying that they had gone into hiding with fear.

The government riding covert operations to garner votes has not only jeopardized similar future operations in Pakistan-administered Kashmir but has done precious little for the Special Forces. Units are holding an assortment of new-old weapons, even assault rifles. Communication equipment is grossly outdated and surveillance equipment is far below authorization. Holdings of combat military free-fall parachutes are nearing zero.

Even basic Special Forces equipment such as laser target designators and general-purpose machine-guns authorized since 2002 are yet to be fielded. There is no sense of urgency beyond publicity. The institution of a separate Special Forces Fund is anathema to the government.

The government-appointed Naresh Chandra Committee on security reforms recommended the establishment of a Special Forces Command in 2012. After six years of inaction, the Defense Ministry approved the establishment of a Special Operations Division in the military last year. But it still requires cabinet approval.

There is no move to have special operations set up under the prime minister for strategic-level tasks. Despite having adverse asymmetric advantage vis-à-vis Pakistan-China at the sub-conventional level, there is no will to evolve systemic sub-conventional response.

The government launched an electronic and print media blitz glorifying the raid through articles, books, TV debates, and documentaries. But violence levels rose exponentially from 2016 onward compared with previous years; 2,134 ceasefire violations (including 1,046 this year), 916 infiltration attempts, and 566 terrorists and 242 security personnel killed as of September 30.

To think that tactical-level retaliatory strikes would make Pakistan stop terrorism was naive but India never really mustered the guts to take the sub-conventional war inside Pakistan, because of lack of political will and intellect, fear of failure, focus on internal security and fighting elections. Increased casualties in Jammu and Kashmir are also because of warped policy. The number of security personnel killed matters little to the government.

The government’s surgical strikes celebration spanned universities, colleges and events at the national level including releasing another documentary. Never have such celebrations been made for major wars India won including the 50-day Kargil Conflict. The exclusive aim of making political mileage is reinforced by the fact that no such celebrations were held last year during the “first anniversary.”

The government wants students – youth comprise 65% of India’s population – to “show respect” to the armed forces despite every survey showing the military is already the most respected organization in India with an overwhelming majority. It is the politicians and bureaucrats that need to show respect to the armed forces.

If the valor of soldiers is milked for political gain while soldiers pay with their lives, the loss of lives is not the only apathy the armed forces face. Denigration and degrading of the military has been ongoing for decades, with the present dispensation accelerating the pace. Simultaneous to the surgical strikes, the Modi government slashed soldiers’ disability pensions.

More than 750 army officers have approached the Supreme Court against filing of a First Information Report (FIR) against military personnel serving in the Kashmir Valley for counter-insurgency operations.

The filing of an FIR leads to endless litigation for soldiers, who can be harassed by the police long after they retire. Ironically, Defense Minister Nirmala Sitharaman gave her assent to the then-reigning Jammu and Kashmir chief minister Mehbooba Mufti to file these FIRs against soldiers who were forced to open fire against stone-pelting crowds in self-defense. However, the federal government has now changed its stance and has sheepishly stated support for these officers.

Despite using the military as the first responder in nearly every crisis, it continues to treat soldiers shabbily. The Modi government did grant one-time relief under subterfuge of the “one rank one pension” (OROP) policy, which it is not. Despite calling itself “nationalist,” the government resorted to a police baton charge on peacefully protesting military veterans in August 2015, shaming the nation. Veterans’ protests for full OROP in New Delhi completed 870 days on October 1 this year. A blanket media ban on their activities is a slur on democracy and constitutional rights.

The military’s Order of Precedence continues to be lowered in the Constitutional scheme. Anomalies of pay commissions with respect to the armed forces from the third Central Pay Commission in 1973 to date remain unaddressed. The seventh Central Pay Commission (2017) brought pay and allowances of police forces above the armed forces. A serving or retired civilian defense employee is five times as expensive as his uniformed counterpart or veteran. The army is asked to cut down its strength unilaterally but the civilian-support part of defense continues to bloat.

The worst apathy is toward widows and the disabled, who are made to fight prolonged legal battles for their dues and pensions. It is difficult to understand why a female defense minister hires batteries of lawyers, paying each an average of 200,000 rupees (US$2,750) from the defense budget, to fight pensions and dues of widows and the disabled, knowing some of them don’t have the means to fight legal battles. This despite that the Ministry of Defense hasn’t won a single case to date.

Sitharaman told Parliament that the Ministry of Defense would not withdraw legal cases against widows and the disabled. A non-functional upgrade allowance is granted to government services but the government is fighting legal battles to deny this to the armed forces. The government is also complicit in denying soldiers the right to vote, especially those posted in forward or remote areas.

Both the prime minister and the defense minister skipped the last Army Day and Air Force Day celebrations but the entire government machinery celebrated Surgical Strike Day; so much for votes despite proclaiming that there is no opposition or opposition leader worth the name.

India’s first prime minister Jawaharlal Nehru was known for harboring suspicions about the military, and the current incumbent, Narendra Modi, is having his way. Beyond institutionalized criminality and corruption, where India is heading has been queried in these columns. How the next government will treat the armed forces is anybody’s guess.

This article is published by Asia Times and is by courtesy http://www.atimes.com/modi-government-politicized-surgical-strikes-but-did-little-for-soldiers/

 The views expressed by the Author are his own and not of this blog.

  Prakash Katoch

The author retired as Lieutenant General from the Indian Army's Special Forces.

The General in charge of the surgical strikes

'When there are two hostile armies operating in close proximity, moral ascendancy is very important -- and that is something, I think, we achieved.'

'What is important is the will and determination of a country.'

'That you are willing to do something about terror that is coming from across the border and that is the message that was sent out.'

• Exclusive: How the surgical strikes were planned 

IMAGE: Lieutenant General Deependra Singh Hooda, UYSM, AVSM, VSM (Bar), was the Northern Army Commander from 2014 to 2016. 

The surgical strikes were among the most difficult operations under his watch.

As the highest ranking officer in Jammu and Kashmir during the September 28-29, 2016 surgical strikes, the buck literally stopped with Lieutenant General Deependra Singh Hooda.

General Hooda was the General Office Commanding-in-Chief of the Northern Command, in charge of the planning and execution of the top secret operation across the Line of Control.

Most officers and soldiers in the Northern Command -- responsible for the security of J&K and Line of Control -- were not aware of the strikes being planned.

As the general monitored the progress of his men as they crossed the Line of Control, their safe return was at the top of his mind.

According to the just released book India's Most Fearless: True Stories of Modern Military Heroes, Indian soldiers spent two nights and a day in "enemy territory". It was one of the most difficult operations under his watch, the general recalls.

Now retired, the former officer of the Gorkha Rifles with over four decades in the army, relives those unforgettable hours with Rediff.com's Archana Masih.

A year ago at this time, you had the plan in place for the surgical strikes. Do you find yourself going back and thinking about those days?

It was a successful operation. It was well done. Its scale and scope was pretty large.

You do think back on those days. How the whole planning was done. How we went about it.

The joy when everyone came back safe.

In your long military career, what have been some of the achievements that you look back with satisfaction? Where would the surgical strikes feature in that roster of military memories?

It has been wonderful primarily because you work with a highly motivated group of officers, very well trained officers.

There have been difficult times. One very difficult time for us was the earthquake of 2005.

I was the brigade commander in Uri and 95 per cent of the garrison had come crashing down.

We had to look after our own casualties, and carry out rescue, relief operations for the civilians.

The spirit of the soldier is such that it weathers through tough times.

Where do the surgical strikes figure in my book?

I would definitely say it was a very challenging operation and perhaps one of the most difficult on my watch.

What was your biggest concern in those hours after the men crossed the LOC and till the time they returned?

Of course, the biggest concern was the safety of each and every man who was crossing in what I call 'enemy territory' at that time.

We were also very confident that we had done everything by way of planning, preparation, empowering the soldiers, equipping them, giving them everything they needed.

In that sense we were fairly confident.

Honestly, after the soldiers crossed the Line of Control, I had little control.

It was for the officers and men to successfully carry out the operation.

Sitting in Udhampur (the Northern Command headquarters), there was really little we could do except watch.

What was the conversation you had with your men before they left? What was your parting line to them before they set out for this daring military task -- beyond enemy lines as they say?

We sit with the team leaders, the commanding officers and discuss every aspect of the plan.

We make sure every contingency that can arrive is catered for.

It happens only in the movies that the general stands in front of all the soldiers and gives them a parting pep talk. It really didn't happen like that (laughs).

It was a very secret operation and we did not assemble everyone together.

But I am sure the team leaders would have constantly spoken and motivated their men.

My interaction was with the officers and commanding officers.

• How Indian forces went behind enemy lines 

IMAGE: Nine soldiers of the Special Forces who took part in the surgical strikes were awarded gallantry medals. 

In hindsight and because we have that luxury to ponder over that because it was a successful operation, did you ever feel what would happen if the operation failed?

We had prepared well and we were quite confident of success, but obviously, you can't say that you are going to 100 per cent succeed.

The risk of failure does weigh heavily on you.

If we had failed, obviously the consequences would not have been pleasant.

What consequences could those have been -- and for you?

I was at the fag end of my military career. I had two months left to go before my retirement.

It wasn't so much what other people would think or say. It was more about how you would look back and see whether you have done well or badly.

So the consequences were more in my head.

But it was a high for you. You were going to retire in couple of months and you went out in a blaze of glory, isn't it?

It was a high. But it wasn't something I did myself.

There was a contribution of all those who sat and planned it -- we had a small planning team, army headquarters, the directorate of military planning -- most importantly, the soldiers who went across.

If they hadn't done as well as they did, we would not feel the way we do.

Everyone contributed to its success.

The Northern Army Commander is in charge of J&K and the LoC. He shoulders enormous responsibility. What was your tenure like?

It was fairly challenging. I took over in 2014. The situation along the borders was deteriorating.

A large number of ceasefire violations were taking place. Internally, there were a number of issues like the floods in September 2014.

In 2015, the internal situation was not looking good. We had some attacks on our camps.

In July 2016, we had massive unrest (after Hizbul Mujahideen terrorist Burhan Wani's death) and then we had the Uri attack.

It was challenging. There were times when we thought we could have done better.

I think every challenge was handled well and I relied on my commanders, officers and men to do the right thing.

• Salute the Special Forces for the surgical strikes

What impact have the surgical strikes had on the soldiers in areas of conflict and in the rest of the armed forces?

One of the big intangible positives was the impact on our own soldiers.

Just prior to the surgical strikes, we had Uri which was one of the worst strikes on our garrisons in a number of years. We had 19 casualties.

One message was that the sacrifice of soldiers would not go unavenged.

Once information on the strikes came in, it was not only a morale booster for soldiers in J&K, but across the country.

It uplifted the morale of the Indian Army.

In the immediate aftermath, can you pinpoint to some of the changes that you saw in the soldiers?

After Uri, obviously, questions were being asked about 'What are you going to do?'

'What are your preparation levels?'

'How can people just come in and do this?'

'Are you going to be totally defensive as it generally happens?'

'Are we going to do something about it?'

Most of the people in my headquarters were also not aware that the strikes were going to happen.

After the strikes one could notice that shoulders were straighter, smiles on the faces (laughs). It had a huge effect on them.

How did it play out among the Pakistan armed forces and security establishment?

What are some of the direct consequences of the strikes on Pakistan and in its response subsequently?

In June 2015 we had the Myanmar operation.

Immediately, the Pakistan interior minister, military spokesperson made statements saying this can't happen in Pakistan. Pakistan is not Myanmar. Any Indian adventurism will have a befitting response.

I think they were completely shocked with the strikes. They had little idea how to respond.

They literally buried their head in the sand as if nothing had happened.

When there are two hostile armies operating in close proximity, moral ascendancy is very important -- and that is something, I think, we achieved.

Among the soldiers that were deployed on the other side, their leave was cancelled, they were told to be careful because the Indian Army could strike anywhere. We saw such changes in the Pakistan army along the border.

At the UN General Assembly Pakistan Prime Minister Shahid Abbasi accused India of indulging in terror activities against his country and of 'war crimes' in Kashmir.

He warned of a 'matching response' if India 'ventures across the LoC'.

We have heard these words before. Pakistan has complained of war crimes in Kashmir. It has said that India poses an existential threat to Pakistan.

More than statements it is the attitude that the country has towards India.

Unless that changes, relations will continue to remain hostile. It is something for them to think about. 

IMAGE: General Hooda pays tributes at the Kargil war memorial at Drass in Jammu and Kashmir, July 26, 2016.

How did the open acknowledgment and declaration of the surgical strikes by the government alter India's position and response to its handling of terror from across the border?

A lot of people question the acknowledgement, but I think it was right.

If you are a strong, determined, nation, you should be able to show your capability.

One thing we showed is that our response to terrorist attacks will not only be defensive; it will not only be on our side, but we will also go across the border.

Internationally also, it made a big statement. Among the various response options we have, this (surgical strikes) was one more added.

It showed one major response we have in how we respond to terror.

What according to you has been the biggest purpose the strikes achieved? How has it made the LOC and India more secure?

We were quite clear in the military that one surgical strike is not going to end all terrorism in Kashmir or that it will stop cross border infiltration.

After all, Osama bin Laden's killing has not finished Al Qaeda or sorted out the problem in Afghanistan.

What is important is the will and determination of a country. That you are willing to do something about terror that is coming from across the border and that is the message that was sent out.

It really wasn't so much about finishing terrorism in Kashmir. That was not even remotely our objective.

Surgical strikes is one of the options we have in our response to terror -- and it is an option we can employ in the future too if need be, right?

I am not saying a surgical strike is the answer to each and every terrorist attack or problem that we have, but as I said it is has definitely added to our response option.

If required, it can be done.

Would you be able to say how many camps were destroyed and how many terrorists were killed? Is there a number?

No. I can't talk about the number of targets struck. It is classified.

As far as casualties are concerned, frankly, nobody was waiting around to start counting.

There have been occasions in the past when Indian forces have gone across the LOC in similar, albeit in smaller ops? Is that right?

Yes, that is right.

You had said as Northern Army Commander that it is going to be a long war in Kashmir. At what stage have we reached in the course of this long war?

It is very difficult to say. I say it is a long war because it needs a long term strategy to deal with it.

Sometimes, unfortunately, we go from here to here and say 2017 is better than 2016 because then more terrorists were killed or 2015 was better than 2016.

This year on year comparison is not fair and we are making a mistake.

Yes, there is a problem in J&K, there is also the issue of Pakistan's support, there is also the issue of growing radicalisation, the issue of economic development.

All these require a long term strategy.

Therefore, I say it is a long war. You have to have patience. You have to move towards the direction you want to go.

Unfortunately, some of it hasn't happened so fast.

When things were peaceful, we just said ok, we said fine. That is why we have these cycles of violence.

This year we saw many incidents of stone pelting, where the Kashmir valley seemed to be spiralling out of control. What is the situation now?

As I said, if we just look at current indicators and say this is our definition of things getting better. In March-April-May we had more incidents of stone pelting than now, so things are better.

Have we looked at the root causes and tried to address them? I think this is where we need to do some thinking.

What do you think of the Pakistan army chief's statement that it will continue supporting the Kashmiri right to self determination and wanting more army interaction with Pakistan's parliament? How is he different from his predecessor?

As an institution the Pak army has been used to being in power. Now they want power without any responsibility.

I don't think any chief can be different. They have grown up in the same system. 

IMAGE: Then army chief General Dalbir Singh with then Northern Army Commander General Hooda in Srinagar.

On a personal note, did your wife and family sense that you were bearing the weight of such a military task? What was it like when you finally got home in Udhampur after the ops ended?

When the going gets tough you cannot show your emotions (at work) or your frustration because immediately panic strikes.

When you get home, you can lower your barrier and take off your frustration.

It always helps to have a calm wife (laughs).

The army has a very supportive family.

What did you say to the men when you met them after they returned?

A day after the operation was over all the officers that took part in the operation and planning came home in the evening.

We shared many joyous moments. It was very good to meet them.

I was happy that they had returned safely. 

How is retired life? Does a soldier ever retire?

What you miss on a daily basis is the very motivated bunch of men and women of the army. But everyone's time gets over. That is the reality.

New people have to come in and they come in with new ideas.

I generally spend my time reading. I love reading. I write a little, then people like you keep me busy with some interviews (laughs).

by Archana Masih / Rediff.com

http://www.rediff.com/news/interview/the-general-in-charge-of-the-surgical-strikes/20170926.htm

Everything Is Free In Armed Forces. The Indian Soldiers Die For the Indian Citizens for Free

Did You Know Countrymen, Everything Is Free In Armed Forces. Your Freedom Is Absolutely Free of cost to you

The issue is regarding Insurance for Serving Military Personnel.

Presently the monthly insurance premium is Rs 5000 for officers and Rs 2500 for JCOs for a sum assured of 50 lakhs and 25 lakh respectively, which is deducted from their salary.

The Mkt Rate for 'Normal Life Insurance' (without covering War and other risks of war and terror operations) for a ANNUAL premium of RS 4000 for a sum assured of Rs 1 crore. The heavier premium paid by soldiers is about 220% higher than normal due to the additional war and terror risks.

Govt does not fund the Army Group Insurance Scheme at all and the soldiers not only risk their life for the Country but also pay in cash for taking such risks.

The salaries of the officers who are posted to HQ AGIF to manage these activities are again paid from corpus raised from the salaries and not by the Govt. (The money is refunded to CDA's by AGIF)

In other countries like the USA, every soldier is insured regardless of rank for a monthly premium of 27 dollars for sum assured of 4 lakh dollars. This is made possible by the Federal Govt Law by which the heavy premium is borne by the Federal govt.

In India, we virtually and effectively ask the soldiers to risk their lives and also pay for it too ..

SO YOU THOUGHT EVERYTHING IS FREE IN ARMED FORCES. YOU ARE VERY RIGHT. THE LIVES PROTECTING YOU ARE FREE. THEY PAY FROM THEIR SALARY FOR THEIR INSURANCE SHOULD THEY DIE PROTECTING YOU ..

EVERYTHING IS FREE IN ARMED FORCES. THE INDIAN  SOLDIERS DIE FOR FREE.

Mera Bharat Mahaan 

Good News for Brigadiers, Colonels, Lt Cols and Equivalents in other two Services. Modifications in the 7th CPC recommendations on pay and pensionary benefits approved by the Cabinet on 3rd May, 2017

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi approved important proposals relating to modifications in the 7th CPC (Central Pay Commission) recommendations on pay and pensionary benefits in the course of their implementation. Earlier, on 29th June, 2016, the Cabinet had approved implementation of the recommendations with an additional financial outgo of ₹84,933 crore for 2016-17 (including arrears for 2 months of 2015-16).

The benefit of the proposed modifications will be available with effect from 1st January, 2016, i.e., the date of implementation of 7th CPC recommendations. With the increase approved by the Cabinet, the annual pension bill alone of the Central Government is likely to be ₹1,76,071 crore.

Some of the important decisions of the Cabinet are mentioned below:

1.      Revision of pension of pre – 2016 pensioners and family pensioners

The Cabinet approved modifications in the recommendations of the 7th CPC relating to the method of revision of pension of pre-2016 pensioners and family pensioners based on suggestions made by the Committee chaired by Secretary (Pensions) constituted with the approval of the Cabinet. The modified formulation of pension revision approved by the Cabinet will entail an additional benefit to the pensioners and an additional expenditure of approximately ₹5031 crore for 2016-17 over and above the expenditure already incurred in revision of pension as per the second formulation based on fitment factor. It will benefit over 55 lakh pre-2016 civil and defence pensioners and family pensioners.

While approving the implementation of the 7th CPC recommendations on 29th June, 2016, the Cabinet had approved the changed method of pension revision recommended by the 7th CPC for pre-2016 pensioners, comprising of two alternative formulations, subject to the feasibility of the first formulation which was to be examined by the Committee.

In terms of the Cabinet decision, pensions of pre-2016 pensioners were revised as per the second formulation multiplying existing pension by a fitment factor of 2.57, though the pensioners were to be given the option of choosing the more beneficial of the two formulations as per the 7th CPC recommendations.

In order to provide the more beneficial option to the pensioners, Cabinet has accepted the recommendations of the Committee, which has suggested revision of pension based on information contained in the Pension Payment Order (PPO) issued to every pensioner. The revised procedure of fixation of notional pay is more scientific, rational and implementable in all the cases. The Committee reached its findings based on an analysis of hundreds of live pension cases. The modified formulation will be beneficial to more pensioners than the first formulation recommended by the 7th CPC, which was not found to be feasible to implement on account of non-availability of records in a large number of cases and was also found to be prone to several anomalies.

2.    Disability Pension for Defence Pensioners.

The Cabinet also approved the retention of percentage-based regime of disability pension implemented post 6th CPC, which the 7th CPC had recommended to be replaced by a slab-based system.

The issue of disability pension was referred to the National Anomaly Committee by the Ministry of Defence on account of the representation received from the Defence Forces to retain the slab-based system, as it would have resulted in reduction in the amount of disability pension for existing pensioners and a reduction in the amount of disability pension for future retirees when compared to percentage based disability pension.

The decision which will benefit existing and future Defence pensioners would entail an additional expenditure of approximately ₹130 crore per annum.

3.    Changes in Pay Structure and Revision of the three Pay Matrices:

The Cabinet, while approving the 7th CPC recommendations for their implementation on 29th June, had made two modifications in the Defence Pay Matrix as under:

(i) Index of Rationalisation (IOR) of Level 13A (Brigadier) may be increased from 2.57 to 2.67.

(ii) Additional 3 stages in Levels 12A (Lt Col), 3 stages in Level 13 (Colonel) and 2 stages in Level 13A (Brigadier) may be added.

The Cabinet has now approved further modifications in the pay structure and the three Pay Matrices, i.e. Civil, Defence and Military Nursing Service (MNS). The modifications are listed below:

(i) Defence Pay Matrix has been extended to 40 stages similar to the Civil Pay Matrix: The 7th CPC had recommended a compact Pay Matrix for Defence Forces personnel keeping in view the number of levels, age and retirement profiles of the service personnel. Ministry of Defence raised the issue that the compact nature of the Defence Pay Matrix may lead to stagnation for JCOs in Defence Forces and proposed that the Defence Pay Matrix be extended to 40 stages. The Cabinet decision to extend the Defence Pay Matrix will benefit the JCOs who can continue in service without facing any stagnation till their retirement age of 57 years.

(ii) IOR for Levels 12 A (Lt. Col. and equivalent) and 13 (Colonel and equivalent) in the Defence Pay Matrix and Level 13 (Director and equivalent) in the Civil Pay Matrix has been increased from 2.57 to 2.67: Variable IOR ranging from 2.57 to 2.81 has been applied by the 7th CPC to arrive at Minimum Pay in each Level on the premise that with enhancement of Levels from Pay Band 1 to 2, 2 to 3 and onwards, the role, responsibility and accountability increases at each step in the hierarchy. This principle has not been applied in respect of Levels 12A (Lt. Col. and equivalent), 13 (Colonel and equivalent) and 13A (Brigadier and equivalent) of Defence Pay Matrix and Level 13 (Director and equivalent) of the Civil Pay Matrix on the ground that there was a disproportionate increase in entry pay at the level pertaining to GP 8700 in the 6th CPC regime. The IOR for Level 13A (Brigadier and equivalent) in the Defence Pay Matrix has already been revised upwards with the approval of the Cabinet earlier. In view of the request from Ministry of Defence for raising the IOR for Levels 12 A and 13 of the Defence Pay Matrix and requests from others, the IOR for these levels has been revised upwards to ensure uniformity of approach in determining the IOR.

(iii) To give effect to the decisions to extend the Defence Pay Matrix and to enhance the IORs, the three Pay Matrices – Civil, Defence and MNS – have also been revised. While doing so, two calculation errors noticed in the MNS Pay Matrix have also been rectified.

(iv) To ensure against reduction in pay, benefit of pay protection in the form of Personal Pay was earlier extended to officers when posted on deputation under Central Staffing Scheme (CSS) with the approval of Cabinet. The benefit will also be available to officers coming on Central Deputation on posts not covered under the CSS.

Authority http://finmin.nic.in/7cpc/Press_Note_Modification_7CPC_pensioners04052017.pdf

Supreme Court Declines to Unshackle the Security Forces

Major General Mrinal Suman

Last week was very painful. Death of 25 CRPF personnel in a Maoist ambush at Sukma was soon followed by the martyrdom of three soldiers in a terrorist attack at Pulwama. Heart-rending TV clips of wailing widows and orphaned children were highly disconcerting. Far too many lives are being lost. Continued inadequacy of Indian response to the long drawn challenges became evident once again.

However, it was the ruling of the Supreme Court that caused the maximum pain. On April 27, it rejected the curative petition of the government and upheld its earlier direction of July 8, 2016 wherein registration of FIR against armed forces personnel, even in disturbed areas under Armed Forces Special Power Act (AFSPA), had been made mandatory for every encounter death. Repeated pleas of the government that the said order would one day make it well-nigh impossible to maintain peace and security failed to convince the Court.

The decision to dismiss the curative petition was taken in a chamber hearing without the presence of the law officers for the government. Apparently, the judges were so convinced of the soundness of their earlier order that they felt no need for further arguments.

As a veteran, one has experienced the trauma of losing colleagues to terrorist bullets in counter-insurgency operations in Nagaland and counter-terrorist operations in Punjab. Therefore, one felt highly let down by the Court ruling. With one stroke, the Court has deprived the armed forces of the protection against prosecution provided to them under AFSPA, thereby throwing up a number of issues that are critical for the security and integrity of the country.

AFSPA was enacted in 1958 to bring under control what the government of India considered disturbed areas. AFSPA was first applied to the internal disturbances in the North East in 1958. It was promulgated in Punjab from 1983 to 1997 to control the turmoil and has been in force in Jammu and Kashmir since 1990.

Two points need to be flagged here. One, the efficacy of AFSPA stands proved by the fact that India continues to survive as a nation despite numerous insurgencies seeking secession from the Indian Union. AFSPA prevented balkanisation of the country by allowing the security forces to focus on tackling insurgents without any fear of subsequent inquests. Officers enjoyed legal protection as long as they acted in good faith which is held to mean ‘with due care and attention’.

Two, AFSPA has been repeatedly subjected to legal scrutiny at various levels since its enactment. Every dispensation has accepted its essentiality. What new developments have taken place in the recent past to warrant a fresh ruling by the Court, except that the anti-national activists have become more strident in their false accusations?

As a matter of fact, situation in the Kashmir valley has deteriorated considerably. Security forces are being subjected to unprecedented ordeals. They face death at every step while engaged in combat operations against highly indoctrinated jihadis armed with sophisticated weapons. Hence, the requirement for legal protection to carry out the unenviable task has acquired increased criticality.

Sadly, the Supreme Court has overlooked the fact that Kashmir is a not an ordinary law & order issue. A war is being waged there – an asymmetrical war wherein the jihadi forces are seeking to fragment the country and wreak havoc on the country’s social fabric through fidayeen attacks. They give no quarter. It is a fight unto death – either the security forces kill the jihadis or else suffer casualties. It is a matter of split-second response.

To prevent fidayeen attacks, the security forces have to seek the jihadis out and eliminate them. For that, police parties invariably accompany them. All efforts are made to minimise collateral damage. Terrorists exploit this self-imposed restraint of the security forces and take shelter in populated areas and summon stone-pelters to help breach cordons. Removal of protection of AFSPA will further embolden the jihadis. Wonder if the jihadi organisations have passed a vote of thanks for our Supreme Court! 

The security forces are striving to keep the country secure. The Court has imposed most unwarranted caution on the soldiers. They will have to think of legal consequences before killing a terrorist. Some may consider it more prudent to let him slip-away to avoid FIR.

India must be the only country where killing of the enemies of the nation is subjected to judicial reviews. For such shameful state of affairs, the country needs to thank the human rights activists, pseudo-secularists, presstitutes and other anti-national elements. Unfortunately, the Supreme Court has got carried away with their perverse logic. As one veteran has suggested, all judges should be asked to stay in military camps in Kashmir for a week to get a true sense of the trepidations and threats to life that the soldiers endure for months at a stretch.

Another veteran, who lost a family member to a militant’s bullet, has raised an agonising poser to the Supreme Court, “How much do you know about the brutality of war? How many of you have sent your progeny to the armed forces? Have you ever lost a family member in the defence of the country? Do you know the pain of losing a young son or having a widowed daughter or seeing your grandchildren grow up without their father? If not, please do not impede our war effort. Human rights sound very nice when you and your families are safely ensconced in secure air-conditioned homes.”

Applying the Court directions to the Pulwama incident, an FIR will be lodged against Gunner Rishi Kumar who risked his life and killed two terrorists despite being hit on his headgear. Police investigations will carry on for years haunting him even when posted to other places in India. Courts will issue summons and demand his presence. He will be accused of depriving the ‘innocent’ jihadis of their human rights and asked to justify the killings. He will be queried, “Are you sure they were terrorists? They did not kill you, why did you kill them? Did you give them adequate opportunity to surrender and reform themselves? Did you give them a fair chance to escape? Did you fire warning shots in the air?” Instead of lauding his bravery, he will be subjected to judicial witch-hunt. What a disgrace for the nation!

Subjecting active military operations to judicial review is an outlandish idea. Whereas all nations empower their soldiers to vanquish enemies of the state, India takes pride in shackling them. While addressing the U.S. Naval Academy in April 2010, Secretary of Defence Robert M Gates said, “You have answered the trumpet call. For my part, I consider myself personally responsible for each and every one of you as though you were my own sons and daughters. And when I send you in harm’s way, as I will, I will do everything in my power to see that you have what you need to accomplish your mission – and come home safely.” Apparently, India’s Supreme Court thinks differently. Human rights of the enemies of the state appear to be far more important than the security of the country.

Finally, as a serving officer commented wryly, “The Supreme Court has given us two options – ‘get killed and the country will honour your martyrdom’ or ‘kill the terrorist and face police/judicial investigations for years’.” His apprehensions are genuine and shared by the most. Wonder which soldier will look forward to serving in such antagonistic environment!

However, the security forces are still hopeful that the Supreme Court will reconsider the issue and appreciate its gravity.*****

http://www.sify.com/news/supreme-court-declines-to-unshackle-the-security-forces-news-columns-rfbnxMgjccdbj.html