thin line between privileges of rank and misuse of office
DESCRIPTION
A superior or a commander is provided certain benefits or privileges to facilitate proper performance of his duties. These advantages are to be used in public interest. An element of personal interest would go to vitiate the exercise of authority. Such a situation in military may lead to erosion in authority of the superior bringing out adverse consequences, more so in combat.TRANSCRIPT
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Thin Line Between Privileges of Rank and
Misuse of Office
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PRESENTATION
Fifth International Symposium on Security
and Military Law organised by the JAG, Republic of Korea Army, at Seoul on
26 September, 2014.
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PRESENTATION BY:
Maj. Gen. Nilendra Kumar (Retd.),Director,
Amity Law School, Noidaand
Former JAG Indian Army
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Focus on operations strategy, methods and
means of warfare, weapons development and
arms procurement should not be ignored one
vital aspect.
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Issues invariably discussed
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Methods &
Means of Warfare
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MATTERS HIGHLIGHTED FOR EXAMPLES
1. New weapon technologies2. Drones 3. UAVs4. Autonomous weapons5. Computer and cyber matters6. Asymmetric war7. Ballistic missiles system
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Can we ignore theman behind the gun?
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The personal attributes to be cultivated
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C4I
CaliberCompetence of the menCharacter in uniformCommitmentIntegrity
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The topic concerns an issue of ethics and
morality for the military officers.
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Though the presentation is in the specific
context of security forces, it would apply
broadly to other spheres also.
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ABSTRACTA military unit or formation consists of body of men organised to prosecute the mission assigned to them by their commander.
Military discipline expects instant compliance of the orders of the superior in letter and spirit. It does not tolerate any hesitation, reservation or disregard. A soldier is not to question the need, rationale or logic of the decision (read actions of the higher authority).
xxx/contd…
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At the same time, the service conditions and
traditions give certain privileges to the commanders and superiors. Military
ethos, courtesy, decorum also legitimises
such advantages or benefits which may be
called privileges. However, there is a clear
distinction between privileges of service and their
misuse or abuse.
xxx/contd….
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The latter category is to be discouraged and
curbed to achieve a high standard of discipline
and serve public interest.
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The very nature of military service involves issue
of orders, and obedience thereof.
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Military command is one of finest forms of
governance where a superior officer’s orders
may entail a risk of supreme sacrifice.
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The subordinates have to harbour total faith
and trust in their superior.
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They are conditioned to blindly and instinctively follow his command.
Such a conditioning is brought about by
way of training.
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An officer is trained and groomed to be a
gentleman.
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While at the military academy the status of
a trainee is of a Gentlemen Cadet.
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An officer has to show due adherence to honour
code.
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It is to be noted that one is expected to be a
gentleman first. The military training part is
taken up thereafter.
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Thus the traditional emphasis has been on
observance of personal conduct and ethics.
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CADET HONOUR CODE AT WEST POINT
A cadet will not lie, cheat or steal or tolerate
those who do.
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The Mottoof the
Indian Military Academy
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The safety, honour and welfare of your country
come first, always and every time. The honour, welfare and comfort of the
men you command come next.Your own ease, comfort and safety come
last, always and every time.
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It is expected that the orders issued and
exercise of command would be objective
and justified by military necessity.
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The order must not prosecute personal
interest or promote own agenda.
The military leadership is structured, based
and groomed on ‘service above self’.
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An obvious question therefore is what meant by
misuse and abuse?
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MISUSE
improper, unlawful or incorrect use,
misapplication. It implies mistreat
or abuse.
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ABUSE
use to bad effect or for a bad purpose, misuse.
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Despite misuse containing an element of
abuse, abuse is an aggravated form of
misuse.
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The nature and demands of service entails
privileges and advantages to the commanders.
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A commander is thus a privileged person
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PRIVILEGE
a special right, advantage, or immunity granted
or available only to a particular person or group.
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Privilege is exemption from a liability or
obligation to which others are subject.
It is something regarded as a special
honour.
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PRIVILEGES OF RANK
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A higher commander may be accommodated in flag staff house. He may require a vantage position from which to operate. May need an exclusive tank, aircraft or ship. He is provided with a staff officer to take care of his personal needs. Further, the commander may be designated as competent authority to sanction funds, resources or move of personnel /units.
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He is thus the Boss
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Captain of a ship is served food in his cabin.
He does not come to the mess or dining hall.
In fact, he does so only when he is invited.
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Resultantly, he is not a member of the Officer’s
Mess. He is not called upon to pay a mess bill.
He is not presented with a mess bill.
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BATMAN OR ORDERLY
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A batman is a soldier or airman assigned to a
commissioned officer as a personal servant.
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Servicesof
an orderly is aprivilege
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There would be a variety of lapses in the
nature of misuse or abuse.
Military offences relating to misuse or abuse of
privileges.
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Depending upon the nature of transaction the
offence could take any or more of the following.
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OFFENCES
1. Unbecoming conduct2. Ill-treating a subordinate3. Irregularity in connection with arrest
or confinement.4. Offences in respect of property5. Extortion or corruption6. Falsying official documents and false
declaration
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7. Unlawful detention of pay8. Directly or indirectly accepting or
obtaining for himself or for any other person any gratification as a motive or reward
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Illustration of use and abuse of military privileges.
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USE MISUSE1.
Use of an orderly or batman
1.
Making him wash clothes
2.
Preparing uniform kit or equipment
2.
Work in personal kitchen garden
3.
Use of official transport for duty
3.
It’s used to take officer’s wife for shopping
4.
To organise/host a party in the mess
4.
To summon mess cook to work at the residence
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Minor or initial instances lead to greater lapses
and then offences.
Difference between thieves, robbers and
dacoits.
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ABUSE MAY LEAD TO
1. Misconduct2. Cheating3. Misappropriation4. Bribery, etc.
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An Actual InstanceUse of official transport in a remote area
by the wife of a senior who used to teach in a
junior School.But she did not care to take wife of an
NCO who also worked at the same place.
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A Central issue!
Why are misuses tolerated?
Reasons for the deviation from the honour code.
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The notion that the end justifies the means.
Beg, borrow or steal!
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Lack of courage on the part of colleagues or
subordinates to report.1. Abuses are overlooked because
one may not be directly involved or targeted.
2. Tendency to look the other way.3. Reluctance to report.
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Sycophancy
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Lack of whistle blowers
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Silence and tolerance leads to, or encourages further misdemeanors
with impunity.
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Yet another reason is the risk involved in making
false accusation against a superior.
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As a rule an accused is presumed to be innocent till proved otherwise.
Secondly, the onus to prove the charge in such a case
is on prosecution.
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An unhealthy practice is followed where
multiple allegations found to be true are
ignored but action is taken for one odd that
could not be substantiated.
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It emboldens the offender
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Remedy
Roko, Toko, ThokoStop, warn and punish
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Ensure dignity of a soldier
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Ensure no misuse of men or official resources
or public money.
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A Thumb Rule
Disregard or deviation from the laid down
norms may be justified or accepted in the
interest of service, or exigencies of duty,
provided no personal interest was intended.
The question of ethics is about the choice of
path.
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CONCLUSION
A commander has to make a difficult choice,
guided by one’s conscience. Conscience is
described as a fallible moral judgment which,
If acknowledged produces actions and if
ignored, merely produces a sense of guilt.