Human Rights of Security Forces
The Supreme Court has agreed to examine and hear a petition seeking protection of the rights of the armed forces personnel and the security personnel in view of facing agitated and sometimes even angry civilian protestors. The petition is filed by two young women — a daughter of a retired Army officer, and a daughter of a serving Army officer. The petitioners are seeking the formulation of a policy to safeguard the rights of armed forces personnel on what all could come under their ambit while discharging their duties in case of facing an unruly mobs or individuals who attack them while performing their military duty. The petitioners here are citing various instances of violence against Armed Forces personnel… including stone pelting in Kashmir. The contention raised by the petitioners also seek to examine if the cases must also be registered against the perpetrators of such violence. The Supreme Court while agreeing to examine the plea has sought views of the Central government Union Ministry of Defence, Jammu and Kashmir government and the National Human Rights Commission.
What are the contentions raised by the petitioner?
Human rights don’t go away for people in uniform. False cases are lodged against people doing their duties in sensitive zones.
For any wrongdoings by armed personnel, there are processes to investigate and penalise. While such rights are not extended to armed personnel.
Why we need human rights for soldiers?
- A soldier is as much as human as anybody else. Thus, this petition highlights on the rights of serving armed personnel being violated by mob.
- The height came when a soldier died of stone pelting.
- The soldiers are at the receiving end and are helpless.
- The FRs such as right to life should also be extended to people in uniform.
- The requirement for safeguard comes with certain scenarios like stone pelting. For instance, soldier while carrying counter-insurgency operations are obstructed by stone palters whom they can’t shoot.
- There shouldn’t be withdrawing FIRs against perpetrators by the state.
Why armed personnel shouldn’t be brought under the ambit of human rights?
- Human rights are rights guaranteed by indian constitution and embodied in international law. So, armed personnel are an organ of the state. So, their call for human rights would be interpreted as state asking for security.
- It could lead to massive human rights violation of the ordinary citizens.
- Armed personnel can exercise the power of shoot to kill for self-defence.
- The army has the widest power to takeaway the lives.