The South Asian Military Law Systems

U C Jha

This book is a comparative study of the military law systems of the five South Asian countries: Bangladesh, India, Nepal, Pakistan and Sri Lanka. It also considers those aspects of international human rights laws and international humanitarian laws which are relevant to the activities of the armed forces, while they are deployed in the armed conflicts, in the peacekeeping missions or when they are in barracks.

Using famous cases to illustrate legal points, this book examines minor punishments, describes step-by-step court martial process, and offers an overview of the constitutional and statutory rights available to armed forces personnel in South Asia. The author recommends that the armed forces personnel must not be subjected to cruel and degrading punishments under the military laws; and certain groups, for example women combatants must not be vulnerable to discrimination. It also critically examines special emergency laws under which armed forces are deployed in the internal security duties in South Asia.

The author is of the view that respect for human rights and fundamental freedoms for all, including armed forces personnel, is not just a moral obligation. It is part of international human rights law, and the South Asian countries are obliged to respect and protect the rights of personnel serving in their armed forces.

This is a timely study in South Asia, in the light of allegations of human rights violations against the armed forces personnel. It will have broad appeal for scholars in human rights, international humanitarian law, the military studies and anyone concerned with the policy studies in the armed forces.

U C Jha Wing Commmander (Dr) U C Jha is an independent researcher in the field of military law, international humanitarian law, and human rights laws. He was awarded Ph D in Law and Governance by Jawaharlal Nehru University, New Delhi in 2008. He was a visiting fellow at the Centre for the Study of Law and Governance, JNU, New Delhi in 2008-09. He also holds master’s degrees in law, life sciences, business administration, and defence and strategic studies; with post-graduate diplomas in intellectual property laws, environmental laws, and international humanitarian law, refugee law and human rights laws.
Dr Jha has 24 years of commissioned service to his credit. He has also worked as Consultant (Legal) with National Human Rights Commission for more than three years. His work comprises three books, “The Military Justice System in India: An Analysis”, “Armed Forces Tribunal”, and “Indian Armed Forces: Socio-Legal Perspectives” and over 60 articles and research papers.