Sunday, 27 February 2011

Crime and Punishment - Army Style

Recently Lt Gen Sahni, a three star general, was dismissed from the army and awarded a prison sentence for corruption in his dealings. In this context I read an insightful article by former vice chief of army staff Lt Gen Vijay Oberoi highlighting the promptness with which army deals with crime in its ranks.  I am reproducing Gen Oberoi's article here for your reading. Readers comments are welcome.
  
Crime and Punishment

By Lt Gen Vijay Oberoi (Retd.)

 [LEARN FROM THE ARMY. Justice is prompt in the Indian Army; there is no shielding of a person on account of his rank or stature. It's time babus and politicians were put through similar scrutiny]

When Lt Gen Sahni, a three star general, is dismissed and awarded a prison sentence, one can conclude that the army does not baulk in punishing its defaulting personnel, irrespective of their seniority. It also calls for introspection by the society on larger issues.

Why is it that it is only in the Indian Army that justice is prompt; that there is no shielding of a person on account of his rank or stature; that meticulous care is taken in selecting the presiding officer and members of a court martial; that there is a higher authority that scrutinises the proceedings in great detail before the verdict of the court martial is finally confirmed; and why every chance is given to the accused to defend himself fully, including nominating an officer of the accused's choice as a defending officer?

Why does this not happen elsewhere in the country? I well remember the Tehelka exposé of 2001, when I was the vice army chief. Here was a case where professionally capable and highly regarded personnel of the army, some of flag rank, were inveigled into accepting baits, in what can only be described as entrapment, so that the media could make a point. Yet, instead of quibbling over the illegalities of this entrapment, the army moved swiftly to punish the concerned individuals.

What did the government do about political persons and bureaucrats similarly entrapped? The then defence minister was forced to resign, but continued to head the coalition; no action was taken against his party leader caught red-handed on camera or against any of the bureaucrats. The latter were instead promoted, with one additional secretary becoming a secretary and later a governor, perhaps to give him immunity from any future prosecution!

The military has the reputation of punishing any and all crimes that are found out or reported. It may be a lowly misdemeanour like filching something or a grave crime like murder, assault, espionage and the like, but punishment follows swiftly and inevitably. The reason is simple. The military would become ineffective and instead of being a disciplined force, it will turn into a rabble. Why does this not happen in our civil society? Why do the political leaders and the civil officials in the Centre and states dither and look for escape routes, delays and ultimately forget to prosecute?

It is unfortunate that in the last six decades of independence, the system of governance has so evolved that there is no accountability and consequently no punishment. Bureaucrats and police personnel are routinely suspended and then reinstated. Is this punishment or a farce? For political leaders, a similar action is known as resignation, which actually implies a sabbatical, for very soon they are not just reinstated but even promoted! In the case of a minuscule few, a nominal punishment is awarded after decades, thereby losing its entire impact.

The end result is more crimes, criminals not getting salutary punishment and the fear of the law disappearing.

It is the main reason for the extremely bad governance the common man rues every day. In the long term it affects the vitality and security of the nation.

In terms of crime and punishment, our country can be divided into three categories. The first category consists of the well connected who are neither accountable nor punished for any crimes, either because of the position they occupy or because they are so filthy rich that money power white washes everything. The second category comprises the common citizen, who becomes a cog in the wheel in our overloaded judicial system and who can only hope to get his case finalised if he oils every Amar, Akbar and Anthony of our governance system.
The third category is the army, where no crime goes unpunished and where promptness and justice prevails. Why don't the others learn from the army?

A related point is that the media come down hammer and tongs whenever a few misguided army personnel commit offences, but always play down and seek justifications for powerful individuals like politicians, bureaucrats, police, judiciary, media barons and corporate honchos. There is no doubt that expectations from the army are extremely high, but is that the whole story? Many in the army have often speculated that behind such banner headlines, there is a concerted effort to show the army in a poor light by those vested interests who are practitioners of the well known Indian crab syndrome -pull down the best to their own gutter level!

The expectations of the public from the army are undoubtedly extremely high, but why are crimes by others condoned? It is nobody's case that the few army personnel who commit crimes should not be punished, but the law, procedures and accountability must be the same for everyone.

Is anyone listening?
(The writer is a former vice-chief of the army)

5 comments:

முத்தமிழ் (Muthamizh) said...

Hi Sir,

Tell me frankly What is happening in Kashmir, Manipur, Assam & North East States. Isn't Shame for Indian Army that they show their guts aginst Women's. Indian Army raping his own country people. Then how the different culture, language people like india.

May be Indian medias hide this issues to country people. But now a days we come to know.

Instead of that first suggest government to fullfill the peoples requirement. Provide freedom, facility and basic requirements. They automatically people love our country. Otherwise it will go very very danger for our country.

Our country is based on "Unity in Diversity".

Different culture, language.One side Governments intiate one language in to other language. It's absolutely part of cultural war. then how come here "Unity in Diversity".

Religion and Personality Development said...

Also talk about the Adharsh scam. Also talk about the fake encounters in the Siachin. You can talk about many more such scams/scandals involving Indian armed forces.

Gen. We do not accept your view that the punishment is swift in the Indian army.

Of late the common man feels that the Army is corrupt to the core.

The quality of the Officer and the men has also come down in the Indian Army.

You people are constantly denying or looking the other way about the Chinese incursions.

R. Hariharan said...

Thank you for representing the views of the ill informed public.

If you set aside army-bashing and analyse issues more dispassionately perhaps you will be convinced there is a germ of truth in others views also.

Regarding Kashmir there are other experts to comment. Sorry, I am no expert on the subject. As regards Manipur, Assam and North East states the issue is much bigger than army. Actually I presented a paper 'Use of force and Conflict resolution: India's North East Experience.'I will be uploading this long paper shortly, as I am in the process of editing it. Go through it. You may understand some of the complexities of the issue of North East.

Army is a creature of the government and the people. If we install corrupt politicians, inculcate a culture of corruption even in getting a primary school it is bound to affect all of us. And army is the latest casualty. I am equally disappointed that the big fish of corruption have surfaced in the army. But I am confident it will come out of it and the big fish will pay the price. How about the Big Corrupt politicians hailed as heroes and idolised even by those who pay lip service to our historical values? They are being elected time and again through a corrupt election system.

So instead of army-bashing we need to do more. Bring down these corrupt idols we are installing over generations. Unless we all do this, there is no point in bashing any arm of the government. It will not improve the environment. After all who comes to army as a soldier? The same guy who cannot pay a hefty bribe to get a governemtn job or a medical seat or technical education. Army trains a guy for 18 months to 2 years. Don't expect him to be garbage man for removing a nation's dirt.

As regards swift justice, I wish you meet a guy who has been punished in the army to understand how quick it is. Dont depend upon public opinion in making your judgement. After all even media can be corrupt. Analyse and make your own conclusions. Leave polemics.

Aryzul said...

If you still have any doubt, see the following blog. Which is not propaganda blog but mear collection of news related to Armed Forces. I am sure you will realise the magnitute and have guts to link RSS feeds from this blog for benefits of your readers:

http://indianmilitarynews.wordpress.com/

Aryzul said...

You won't achieve anything by removing comments of those who do not agree with you.

This information is available plenty, on blogs. Have guts to listen to other viewpoints also.

It is real collection of news related to Armed Forces. I am sure you will realise the magnitute and have guts to link RSS feeds from this blog for benefits of your readers:

http://indianmilitarynews.wordpress.com/