The Indian Defence Minister, Rajnath Singh, has sanctioned an equalization policy allowing women serving as soldiers, sailors, and air warriors to avail of maternity, child care, and child adoption leave identical to the provisions for their officer colleagues.

The Ministry of Defence announced the initiative on Sunday, reflecting Minister Singh’s commitment to ensuring inclusive participation of women across all ranks in the armed forces.

This reform aims to enhance the working conditions for servicewomen, facilitating a harmonious integration of their professional duties with family responsibilities.

As per the new directive, female personnel in the military, regardless of rank, will now benefit from equal maternity leave rights, enjoying 180 days of leave at full pay for up to two children. Additionally, childcare leave of up to 360 days is granted across a woman’s service tenure, provided the child is under 18 years old. For those adopting a child under the age of one, a 180-day leave policy is now in effect.

This expansion of leave entitlements is seen as a significant stride towards addressing the unique familial and societal challenges faced by women in uniform.

The initiative is part of the government’s broader efforts, under Prime Minister Narendra Modi’s leadership, to harness “Nari Shakti” (woman power) within the armed forces. The inclusion of women as soldiers, sailors, and air warriors is viewed as a testament to their valor, commitment, and patriotic spirit in safeguarding the nation’s territories.

Women have been making their mark across various domains in the military, from serving in the Siachen glacier to being stationed on warships and taking to the skies. In 2019, another landmark was achieved when women were inducted into the Indian Army’s Corps of Military Police as soldiers.

Minister Singh has long advocated for gender parity across all professional sectors, and this latest move is aligned with his vision.

In the wake of President Draupadi Murmu’s recent decision to dismiss an Indian Army Major from the Strategic Forces Command (SFC) unit, the legal framework backing such decisions has come under the spotlight. This decision, rooted in Section 18 of the Army Act, 1950, and bolstered by Article 310 of the Constitution, underlines the authority of the President and the commitment of the Indian state to maintain the highest standards of discipline and professionalism in its armed forces. In this article, we delve into the details of these two legal provisions and their implications.

Section 18 of the Army Act, 1950

The Army Act, 1950 is a comprehensive legal code that governs the functioning, discipline, and administration of the Indian Army. Section 18 of the Army Act pertains to the “Power to Dismiss Soldiers.” In essence, it provides the authority for the dismissal of a soldier by a specified competent authority. Here is the essence of the provision:

• Tenure of service under the Act.—Every person subject to this Act shall hold office during the pleasure of the President.

This short but pivotal section confers upon certain high-ranking officials the power to dismiss soldiers from service. The intent behind such a provision is clear: to ensure that the armed forces, a critical pillar of national security, operate with the highest standards of discipline and integrity. Any deviation from these standards, especially at the level of an Army officer, can have serious implications for the security and prestige of the nation.

Article 310 of the Constitution

Article 310 of the Indian Constitution reinforces the principle of “Pleasure of the President.” The article reads:

• Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President.

In simpler terms, this means that all persons serving in defense or civil services hold their positions at the “pleasure of the President” and can be dismissed from their roles without any obligation on the part of the government to provide a reason, unless otherwise stated by the Constitution itself.

Implications and Significance

President Draupadi Murmu’s decision, backed by the aforementioned legal provisions, underscores a few key points:

1. Accountability at All Levels: Even high-ranking officers are not exempt from scrutiny and accountability. The armed forces demand a stringent code of conduct, and any deviation can lead to severe repercussions.
2. Presidential Authority: The President, as the Supreme Commander of the Armed Forces, possesses the final authority in matters of discipline and administration of the armed forces.
3. National Security: Given that the Major was associated with the SFC – a unit dealing with strategic assets – the dismissal highlights the seriousness with which lapses in security protocols are treated.

In conclusion, while the immediate events leading to the Major’s dismissal from the SFC unit may be a matter of internal security and discipline, the legal framework supporting such decisions is integral to the governance of the Indian armed forces. It ensures a balance of power, accountability, and upholds the nation’s commitment to maintaining the highest standards of professionalism within its defense ranks.

President Draupadi Murmu has ordered the immediate dismissal of an Indian Army Major associated with the Strategic Forces Command (SFC) unit. This decision came after the Major was found guilty of multiple security lapses during an Army inquiry.

Relying on Section 18 of the Army Act, 1950, combined with Article 310 of the Constitution, the President made the decision. This announcement was made official on September 15 and subsequently relayed at the SFC Unit in North India, where the Major was positioned.

Since March 2022, the Major’s conduct has been under scrutiny. An investigation board was established to probe allegations against the officer for compromising national security. The board had the authority from the Strategic Forces Command to inspect digital devices and conduct an initial assessment of the Major’s involvement in dubious activities, including potential security breaches, classified information leakage, unusual financial activities, and suspected espionage.

Inside sources revealed that the Major had stored confidential documents on his electronic devices, a clear violation of Army protocols. Additionally, he was allegedly communicating with an agent from Pakistani intelligence via social media.

The Major’s associations with other high-ranking Army officials also came under the scanner, particularly his involvement in a WhatsApp group named ‘Patiala Peg’. He was later summoned as a witness in a related inquiry against some of these officers.

In a related development, the Army has reportedly served a show cause notice to both a Brigadier and a Lieutenant Colonel. This is in relation to violations of social media guidelines and their participation in a WhatsApp group where inappropriate content was circulated.

In July 2022, The Indian Express disclosed that four Army officers were under investigation for their involvement in the ‘Patiala Peg’ WhatsApp group. Suspicion arose that this group might have been accessed by a Pakistani Intelligence Operative, leading to concerns about potential sharing of classified military data.

The Indian Army, in a remarkable move toward gender inclusivity, is seriously considering the enlistment of women as jawans. This consideration follows their successful integration into the Corps of Military Police.

Defence and security insiders suggest that the proposal to welcome women as jawans is nearing final stages. It’s highlighted that these potential recruits will join via the Agnipath Scheme, a pathway established since the previous June for soldier-level enlistment.

The Indian Army, which boasts a strength of roughly 13 lakh members, is primarily divided into three branches: combat arms (like infantry and armored units), combat support arms (such as artillery and military intelligence), and services (encompassing the Army Service Corps and Army Medical Corps, among others).

Recent developments highlight that women’s enlistment at the soldier level will mostly be in divisions where women officers are already present. Signifying its commitment to gender diversity, earlier this year, the Army introduced women officers into its artillery wing.

Currently, the Indian Army has about 1700 women officers across ten different divisions. They serve in diverse roles, from the Corps of Engineers to the Armed Forces Medical Services.

The ongoing effort to potentially enlist women as jawans reflects the Indian Army’s dedication to fostering gender diversity, aligning with modern societal norms and international military practices. This initiative not only promotes gender equality but also indicates a wider commitment to the modernization and advancement of the Indian military.

In response to concerns over the financial support given to the family of the late Agniveer soldier, Gawate Akshay Laxman, who bravely met his end in the challenging terrains of Siachen, the Indian Army has provided a clear statement. The compensation for the soldier’s family is based on the specific terms and conditions of his service.

Laxman’s brave act in Siachen, known as the globe’s highest militarized region with extreme cold and winds, garnered deep respect and empathy throughout India. Recognizing this sentiment, the Additional Directorate General of Public Information, IHQ of MoD (Army), used social media platforms to confirm the Army’s commitment to Laxman’s family and to address any financial support misconceptions that had arisen online.

The designated compensation for the family comprises multiple elements:

• A non-contributory insurance sum of Rs 48 lakh.
• An ex-gratia amount of Rs 44 lakh.
• A Seva Nidhi contribution by Agniveer at 30%, matched equally by the government, plus the associated interest.
• The soldier’s salary from his passing until the end of four years, currently more than Rs 13 lakh.
• An added contribution of Rs 8 lakh from the Armed Forces Battle Casualty Fund.
• An immediate financial relief of Rs 30,000 facilitated by the Army Wives Welfare Association (AWWA).

Elaborating on the matter, the ADG PI mentioned, “Benefits authorized to a deceased battle casualty include: Non-contributory insurance of Rs 48 lakh; Seva Nidhi from Agniveer (30%), matched by the government, and its interest; Ex-gratia of Rs 44 lakh; Remaining salary for four years (over Rs 13 lakh in this case); Rs 8 lakh from the Armed Forces Battle Casualty Fund; and Rs 30,000 immediate assistance from AWWA.”

The Indian Army’s dedication to supporting these heroes’ families underscores the country’s deep gratitude for their supreme sacrifices.