A relook at outdated Army Regulations

Defence Services Regulations (commonly known as the “Regulations for the Army” (RA) is a very important policy document concerning discipline of all ranks and their service conditions. There exists a need for a relook at its contents. These were last revised in 1987. Framing of regulations is a statutory obligation under Section 192 of the Army Act [Act No. 46 of 1950]. Regulations can be made for all or any of the purposes other than those specified in Section 191 [Army Act Section 192]. The Regulations are required to be published in the official gazette [Army Act Section 193]. Ironically, regulations to meet the statutory indications have not been framed so far. Whatever regulations do actually exist are not statutory as these were never notified. A significant portion of the DSR has become outdated and obsolete. Very few amendments have been carried out since 1987.

The RA is silent about major developments & changes introduced in the last three decades such as application of Right to Information Act, induction of women in the Army, Information Technology and Cyber Security. The Regulations do not offer any clue as to how the demands under the Right to Information Act should be processed by the units and formation is required to be intimated. The command responsibility to meet the transparency norms by revealing information sought has not been included in the charter of commanders at different levels.

Newly created posts like Directors General of Mechanised Forces & Operational Logistics or those relating to Perspective Planning, Financial Planning, Complaints Advisory Board, Rashtriya Rifles and many others are not reflected in the Regulations. Absence of Army Air Defence Corps or the Army Aviation is conspicuous. Appointments upgraded consequent to the A.V. Singh Committee are yet to be appropriately brought on record. Nothing is shown about Integrated Service HQ or tri-service formations. There is a pressing need that Regulations should be framed to show how incidents involving other services are investigated.

Ranks abolished like Second Lieutenant or those later introduced like Colonel (Time Scale) are glaring omissions. Changes in service laid down for grant of substantive rank have not been incorporated. Introduction of different types of commission such as the Regimental Commission have brought forth a necessity for their insertion in the Regulations. Similarly, presence of diverse entries leading to grant of commission from the Military Academy call for framing of suitable provisions to decide and govern their inter-se seniority.

There is no mention in the Regulations to disciplinary norms governing peacekeeping operations or human rights concerns. It is a major omission having regard to a large portion of the Army deployed to combat terrorists or insurgents. Not a word is found about enforcement of non derogable (repealable) obligations concerning international humanitarian laws. New aids to investigation have not been taken into account. To illustrate, video conferencing, tape recording of confessions or DNA profiling have not been included. Detailed guidelines need to be introduced for compliance of Army Rule 180 at the courts of inquiry. Lapses of adherence to the procedure in this regard have led to a number of abortive trials including those involving high ranking three star generals. Suitable incorporation is to be made about Armed Forces Tribunal.  Legal Cells set up to defend court cases at different locations have not been taken note of. What would be the disposal of convicts dealt by courts martial and who intend moving an appeal to the Tribunal? How would those released on bail be dealt with?  Orders for detention in custody under trials continue to remain vague. Would they be allowed access to newspapers, television or mobile? Can they be allowed to meet their family members? An accused is not allowed to be represented by a counsel at the summary of evidence or during his trial by summary court martial. Therefore, at least he should be allowed access to the law books or the internet facility in the unit information room or the regiment library. This alone would give him a meaningful right of defence. What are the guidelines to be applied in case of female detainees is also not known? 

The provisions relating to contact with or marriage to foreign nationals warrant a relook. Economic liberalisation, increasing scope for jobs under multinationals, commencement of international co-operation functions at the Ministry of Defence, exposure to tenure or study overseas and foreign travel opportunities have made interaction with foreign nationals more frequent. Therefore, old notions that inhibit mixing with non citizens are no more relevant.

Imaginative guidelines are required to curb economic offences. Likewise elaborate instructions are called for to prevent incidents of suicide and fratricide. Special manner of probe warranted to be launched in cases of sexual offences at work places recommended by the Supreme Court in the Vishaka’s case [Vishaka v State of Rajasthan; AIR 1997 SC 3011] is yet to be incorporated. The topic of study leave and specially the applicable disciplinary norms should be spelt out.

Last three decades have seen dozens of new military stations coming up in different commands. Salient aspects about administration of military stations or the new mandates under the Cantonments Act are also absent. 1987 Regulations do not cover environmental concerns, e-governance or ecology. There are thus weighty issues on which the Regulations do not provide any policy. 
 
Absence of clarity in these matters impedes proper adherence to the orders and norms.   It is understood that an incomplete exercise was undertaken a few years back to overhaul the regulations. It is now the stage for the Government to arrange and bring about a complete revision within a realistic time frame.

Nilendra Kumar is Director, Amity Law School, Delhi

(Disclaimer: The views expressed in this article are those of the author and do not represent the views either of the Editorial Committee or the Centre for Land Warfare Studies).