COURT INTERVENTIONS IN MILITARY TRAINING- BOON OR BANE?
Is a Court-led
decision on criteria of induction and training of military personnel a new
norm?
The
intervention of the supreme court resulted in a judgment favouring the entry of
women into the National Defence Academy (NDA). Until a few decades ago,15-year-old
lads barely out of 10th standard competed to go through a selection
process and complete a rigorous Military cum academic course spread over 3
years. When increasing demands for recognition of academic qualifications so
necessary to pursue a second career became a necessity, the age limit for entry
was raised to a minimum of 17.5 years. As most readers would have surmised,
that met the academic profile of 10+2 followed by a 3-year graduation plan. The
recent stipulation to make Btech the minimum qualification has lengthened the
course by one more year. But unlike in a university both academic and military programmes run concurrently.
Until the
recent Supreme Court judgment, entry of women to the military was open to only
graduates selected for specific branches and the training was under 10 months.
The judgment may not have considered the entire range of service conditions
applicable to the NDA. The possible gaps in arguing a case of Military
induction and training in a court of law may have unintended downstream
repercussions if not addressed at the earliest.
Some thoughts
on Intervention By Courts
Management of
violence is the term globally accepted as the profession of a soldier. Due to the uniqueness of this profession, right
from the type and quality of the entrance examination, to specially structured
selection boards and strict physical and medical standards have been
acknowledged as the raison d’etre for induction of Military personnel. Rarely
if ever, have courts intervened in the manning and training pattern of the
Military. Why? Because, the greatest humiliation to the country, i.e., a loss
in war, must be prevented by not compromising on standards for combat
readiness. Universally that judgment has been vested in the Military. Ergo,
the process of induction and how to train and fight are left to the
professional judgment of the force. It is estimated that biannually, out of
over 5 lakh volunteers who appear in the UPSC examination, only 350 survive the
test for final selection into NDA.
The only fact
that militates against the induction of women in front-line operations, is
battle fitness. The battleground does not differentiate between men or women
in its demand on the human body to withstand the stress of humongous proportions. Nothing can be further than the truth that men
and women are equally competent to handle this stress. If it were to be
possible, we would not have separate events for men and women at the Olympics or
any other sporting activity. The thought of having mixed gender teams to
represent the country has not even crossed the minds of sports experts. Hence,
the participation of women in front-line combat in the Army, in particular, may be
ruled out.
The Courts
were perhaps not briefed that the initial induction of women in the 1990s had
clearly delineated departments and assignments that were eminently suited for
women. The short service route of induction was accepted as the preferred option. When the pressure was mounted for the award of permanent commission for the women, it did
not in any way adversely affect the combat efficiency of the service. In fact,
it enabled continuity in departments like education, meteorology, logistics,
ATC, etc. where the women excelled. There is scope for increased intake of
women in these branches.
The situation
in NDA is substantially at variance vis-à-vis other academies for the following
reasons;
· The
entry-level is at 17.5 years of age
· It
is a 4-year long course of rigorous physical and academic content running
concurrently, as opposed to a relaxed university environment. Training in NDA
as can be gleaned from internet is rated as one of the most physically
challenging courses in the world.
· Relaxation
of physical standards of fitness for any cadet, is undesirable or even
unacceptable, given the geographical, socio-political, and economic posture of
our enemies. Contrary to popular belief, a combat situation does not rule out the boots-on-ground requirement to hold territory despite the use of modern
technology in warfare. Kargil and more recently, Doklam underlined this fact.
· Successful
completion of NDA, under reduced standards of fitness, would technically enable
women if not trained to withstand grueling combat conditions, to stake claims
for leadership roles in combat zones. The courts would then have insufficient
legal arguments to deny them unless those are stipulated at the very point of
entry.
· Given
the uniqueness of the profession, merit has to be the only criterion for all
military activities. Hence, quota/reservation has no place in military
parlance. Courts have never intervened in the criterion of merit. It is hoped
that they never will, for, that would be a recipe for disaster in any Military
of the world.
· If
the above is a truism, surely it is not the intention of the court to introduce
a quota system for women in the Military. If international criteria for sports
do not see the logic or need to impose a single qualifying standard for men and
women, how can a war be fought with such anomalies?
One may argue
that some men too fail to meet rigid standards of physical training and deployment.
The CO is expected to revert such personnel to peace stations and ensure that
they are not promoted to the next rank. This is also the reason why the age
profile of Command at combat levels is constantly under scrutiny.
In none of
these activities, it is hoped that there is any scope for judicial or
legislative intervention.
Can the
courts based on their decision to direct the Military through the Govt to
induct women in NDA, also intervene in standards of training, combat activities, and the ethos and the culture so assiduously built into the system? Would they
lay down height, weight, eyesight, hip to heel lengths specified for pilots, or
indeed the limits of endurance stipulated for combat? Surely not.
Experience in
Western democracies.
At the outset, it must be noted that induction of women in the Military was initiated in
countries that had serious demographic imperatives, such as a shortage of young
men. Soon it assumed other connotations. It is generally considered to be
politically incorrect if issues regarding women in the Military are raised to
invite discussions on their fitness. In the USA, the military stays clear of
commenting on women. However, numerous reports in the open domain are available
on the ill effects of over fraternalization under closed and hostile living
conditions. “Tailhook,” is one such shocking revelation of the conduct of
senior officers with women officers. Similarly, there is one by the US Marines
about the physical inabilities of women to cope with a combat load.
On routine
issues of molestation and investigations which are questionable, it is known
but spoken sotto-voce, that some women assigned on long deployments of US
Aircraft carriers opt to get pregnant to avail of the rule to be landed ashore
and returned to home base. Since every person has a combat post to man during the action, the combat potential of the ship is degraded due to the long absence of an
individual- a fact not in the public domain. Every unit or ship/aircraft
complement would need to factor in higher reserves of personnel.
The above was
not penned with the intention of depriving women of their genuine desire to
serve in the Armed forces. The limitation of performance in specific combat
situations cannot be decided in courts, media houses, or claims by activists.
A career in the Military is not just another profession but a unique one made compulsory in manpower starved nations or voluntary as in our case. In
India, there is no dearth of young men wanting to serve, if selected.
Why this
obsession when the parliament, courts, and many others have not been able to
provide women equal opportunities? Do we have to pick on the Military which is
the most demanding on physical attributes?
Since
demographic trends in India are positive and there is no dearth of young men
fit for combat duties, it may be wise to work to our strengths rather than
accept lower standards of combat fitness. Stipulating conditions of service for
entry into NDA needs an urgent review. Courts, given their wisdom, are likely to
review decisions if the arguments are cogent and coherent.
