The Indian Army, a professional Army under civilian control, has remained apolitical over the decades. However, in recent times, there have been instances when its apolitical character has been shaken. That this can affect the Army’s morale and cohesion, with resultant deleterious effects on national security, is a concern voiced by veterans.
In this connection, it is necessary to draw attention to a one-day seminar, titled ‘Navigating Legal Frontiers: Understanding Indian Penal Code 2023 & the Quest for Uniform Civil Code’, which was planned by the Army’s HQ 31 Sub Area. It was slated to be held at the University of Kashmir’s auditorium, and scheduled for March 26.
It is difficult to see how a discussion of Indian Penal Code 2023 – replaced by the Bharatiya Nyaya Sanhita, 2023 – is relevant to the role or functioning of the Army. As for the Uniform Civil Code, given that it has been a politically highly loaded issue for years, it would best have been avoided altogether. Indeed, Lieutenant General D.S. Hooda said: “My personal view is that any subject that has even the faintest whiff of politics or religion to it should be studiously avoided by the military, particularly in a public discussion (emphasis added).”
That said, is it possible that the Army’s command chain going up to the apex, was unaware of this forthcoming seminar event and its topics? Knowing the functioning of the Army, it is strange that the planning of this seminar escaped the notice of the commanders and their staff officers, at various levels.
The seminar event being planned and scheduled for March 26 was due either to a lack of communication along the command chain, or worse, acquiescence/approval, even directions from higher headquarters. If the latter, it is questionable whether it is in consonance with the Army’s professed and widely appreciated apolitical character.
Planning for this “legal awareness seminar” including obtaining acceptance of the chief guest and speakers, venue, coordination, etc., and scheduling it for March 26, would have started several weeks ago. However, the Election Commission of India announced the election schedule on March 16. Notwithstanding, the invitation for the seminar, was reportedly issued on Friday March 22, after the Model Code of Conduct (MCC) came into effect.
It is possible that the GOC 31 Sub Area was not aware of the specifics of the MCC. However, it is more than strange that the Chief Justice of J&K and Ladakh, who was invited as chief guest at the seminar, did not advise the organisers that conducting the seminar on March 26 would violate the MCC. He could have advised them to cancel or postpone the event. Likewise, Achal Sethi, law secretary of J&K, a panelist at the seminar, could have advised HQ 31 Sub Area similarly.
The seminar being planned by our nation’s last bastion against the prevalent communal divisiveness, and then cancelled only after a public outcry, does not speak well for the Army.
The various acts of commission and omission by the military and civil administrations relating to the seminar are cause for deep disappointment for this writer, a veteran of an apolitical Indian Army.
Major General S.G. Vombatkere retired in 1996, as Additional Director General (Discipline and Vigilance), in the Army Headquarters Adjutant General’s Branch.
