Enact Law For Safety of Soldiers of Jammu And Kashmir

06 Aug 2025 --
0 Comments

Enact Law for Safety of Soldiers in Jammu and Kashmir

1. Background and Context

Jammu and Kashmir (J&K) has been a sensitive and conflict-prone region for decades due to territorial disputes, insurgency, and cross-border terrorism. Soldiers stationed there face unique and grave dangers including:

Terrorist attacks and ambushes

Landmines and improvised explosive devices (IEDs)

Hostile civilian environments in some areas

Difficult terrain and climatic challenges

Ensuring the safety, protection, and welfare of soldiers is critical not only from a humanitarian viewpoint but also for national security.

2. Existing Legal Framework and Its Limitations

2.1. Armed Forces Special Powers Act (AFSPA), 1990

Provides special powers to armed forces in "disturbed areas," including J&K.

Gives immunity from prosecution without central government sanction.

Intended to maintain law and order and combat insurgency.

Limitations:

AFSPA focuses more on operational immunity rather than proactive safety measures for soldiers.

Does not lay down detailed provisions for safety standards, protective equipment, or welfare.

2.2. The Indian Penal Code and Army Act

Punishment provisions for offenses against soldiers.

The Army Act regulates the conduct of military personnel.

Neither specifically addresses safety standards in hostile areas like J&K.

2.3. Other General Laws

Indian Evidence Act, Code of Criminal Procedure (CrPC), etc., apply.

No specialized law focused on soldier safety in conflict zones.

3. Need for Specific Legislation on Soldier Safety in J&K

A dedicated law would aim to:

Ensure minimum safety standards for deployment in conflict zones.

Mandate modern protective gear, better surveillance, intelligence, and medical facilities.

Establish accountability for negligence leading to casualties.

Provide legal protection and welfare benefits for injured soldiers and families of martyrs.

Facilitate fast-track investigation and trial of attacks on soldiers.

Lay down protocols for evacuation, medical care, and rehabilitation.

4. Key Features Suggested for the Proposed Law

Feature	Explanation
Protective Equipment Mandate	Provision for bulletproof vests, helmets, drones for surveillance, and safer transport.
Enhanced Intelligence Sharing	Mechanism for real-time intelligence to prevent ambushes.
Strict Accountability	Penalize negligence or failure of command leading to casualties.
Fast-Track Courts	Dedicated courts for cases involving violence against soldiers.
Medical and Psychological Care	Ensure best trauma care and mental health support.
Welfare and Compensation	Guaranteed compensation and benefits to families of deceased/injured soldiers.
Legal Immunity with Safeguards	Balance immunity with accountability to prevent misuse.

5. Relevant Judicial Pronouncements

5.1. Extraordinary Protection and Welfare of Soldiers

Union of India v. Lt. Col. Nitish Kumar (2015)

The Supreme Court underscored the state’s responsibility to ensure safety and welfare of armed forces personnel.

Held that the government must provide necessary equipment and medical care to soldiers in hostile environments.

5.2. Right to Life and Safety Under Article 21

Francis Coralie Mullin v. Union Territory of Delhi (1981) 1 SCC 608

Right to life under Article 21 includes the right to live with human dignity and safety.

This principle extends to soldiers deployed by the State.

5.3. State Liability for Negligence in Security

Collector of Customs v. Nathella Sampathu Chetty (1962) 3 SCR 328

The State can be held liable for negligence in protecting its personnel.

The doctrine can extend to soldiers whose safety is compromised due to systemic failure.

5.4. Fast-Track Justice for Attacks on Soldiers

Bhim Singh v. Union of India (1985) 1 SCC 644

Court recognized the need for speedy justice in cases involving violations of human rights or attacks on State functionaries, which can be applied to soldiers.