COURT INTERVENTION IN MILITARY TRAINING-BOON OR BANE?

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 10^th 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.