Sunday, November 24, 2013

Law ministry asks defence ministry to get its act right and not to keep bothering AG Vahanvati over Rank Pay issue

 

Defence Minister AK Antony
Defence Minister AK Antony.
The constant to and fro of the files pertaining to the Rank Pay case involving veterans has certainly irked the community. However it now seems that the country's top law officer is being made to face the red-tapism, something he is not taking very lightly to.

It has been reliably learnt that while dealing with the Statements of Case (SOC) on this issue from the Ministry of Defence (MoD), in a meeting with the Law Ministry, it as conveyed to the Legal Adviser (Defence) that the ministry should not keep bothering the AG with queries of same/similar nature. Not just that, with this blow, the MoD had no option but to retreat on this and take the SOCs back. Reliable sources say the MoD has to now re-work its SOCs.

Not only will it further delay the case but also add another layer of bureaucratic procedure before the AG's office can be approached. This, it is learnt, was conveyed to LA (Defence) in a meeting on October 28, 2013 which he conveyed to Joint Secretary (Establishment) MoD on October 31. With that move, the SOCs of service headquarters as well as MoD were returned by the AG's office and Law Ministry towards 'framing questions of law pertaining to the case.'

There have been multiple SOCs which have been sent to the AG already on which he had given his opinion in the month of September 2013. However since AG had replied on an old SOC sent to him by MoD, service headquarters objected to it. Subsequently when services sent it to him, SOCs were returned as proper protocol had not been followed. The lack of coordination can be gauged by the fact that while the SOC was returned by AG, MoD was about to begin implementing AG's version to which services objected to Antony. It was only after all this that Antony wanted SOCs to go together, a move which has now been stalled.

In June this year, the Defence Minister AK Antony had made it clear that the final word on the implementation of the SC order of September 2012 will rest with the AG who had to interpret the apex court's order correctly. There was a wide disparity between how the armed forces had construed the SC judgment and how the MoD's civilian bureaucracy was implementing the same. It was for this reason that Air Chief Marshal NAK Browne as the Chairman of Chiefs of Staff Committee wrote twice in this year itself to Antony, informing him of the widespread discontent among the services on account of MoD's handling of the case.

Said a source, "True that we've been asked to rework our case. These are issues of language and wordings which we will overcome." When asked, a source at the AG's office too confirmed that 'all representations had been returned to MoD.' A set of questions sent to the MoD went unanswered despite repeated requests.
 

Tuesday, November 19, 2013

IESM demand OROP, Widow Pension, Correction of Pay Anomalies, Restoring the rank & Status, National Commission for Armed Forces, Guaranteed Job till 60 years for Ex-servicemen

 Joining the nationwide campaign for “One rank, one pension”, members of the IESM under Brig Khushal Thakur (retd), convener of IESM Movement, Himachal Pradesh, held a meeting at Kullu on Thursday. The members reiterated their demands of “One rank, one pension”, widow pension, correction of pay anomalies, restoring the rank and status, national commission for the armed forces on the lines of women's commission and the minority commission and guaranteed job till 60 years for an ex-servicemen.

He alleged, “The military has been deliberately kept out of the policy formation loops even after six decades of loyal, secular, patriotic and dedicated service to the nation.” He alleged that there was a stark difference in employment of military and civilian employees and there was no parallel in any of the civilian services and as such the military needed to be treated fairly.

The military and civil services were two equal pillars of the government and need to be treated as such and there should not be any disparity in pay, perks and pension. In many of the countries, the pay and pension of military personnel was 20% to 30% higher than their civilian counterparts, added Thakur.
 
He said the IESM had planned to intensify the movement at state and nation levels to protest against the injustice meted out to ex-servicemen.

Source: Hindustan Times

Sunday, November 17, 2013

Defence Services: A New Approach Required for the Seventh Pay Commission

A fwd msg please spend sometime it is worth it

1. Two glaring news items of recent times are worth recounting: one: A statement by a minister of Bihar State Govt, in the aftermath of the slaying of a few Army personnel by Pakistan at the J&K LOC, to the effect that personnel of Security Forces Join the service only to lay down their lives and that there is nothing to despair about their death, and Two: that NFU (non functional up gradation) was not granted to Defence Officers because they are not from Central Group A Services (as are IAS and other allied services). Both the statements require a definite response from us before the Govt and the Pay Commission. Response to Ist statement should be to accept the statement at face value but for that implied condition demand grant of ‘Death Risk’ allowance, and in second case seek creation of Central Defence Service (CDS), or Indian Defence Service (IDS), at par with other Gp A AICS (all India civil services such as IAS etc) for all Commissioned Officers in conjunction with or replacement of the President’s Commission (which in any case does not give any exclusive privilege any more); then we would be at Par with AICS Gp A (All India Civil Services) with additional allowances as may be granted for curtailment of our fundamental rights and Death Risk (or War Risk?)- read below for detailed argument for that, and other special conditions of service.

2. Besides the above, for the past 60 odd years we have seen erosion of esteem and emoluments vis-à-vis AICS. We have been fretting and fuming to no end and blaming the civil services, particularly the IAS, Pay Commissions and Politicians but to no use. One can be sure that nothing of substance will ever come out of that. What we need to do is change of course; to that effect I am proposing an altogether new approach. It is based on our special conditions of service, as the Minister ibid mentioned above, in that we are governed by special laws such as ARMY ACT, NAVY ACT etc and not by the common laws of the land applicable to all other central services, be it IAS, IPS or any other service. Unlike them, that we do not have a right to resign, are denied to form associations, or resort to collective bargaining – even the three chiefs sitting together to discuss an issue, or an odd press statement not to their liking invites ire of IAS functionaries. Yet in all other matters of pay and allowances we have been downgraded to lower than AICS, and in other matters such as leave travel regulations etc there has been a concerted effort on the part of any Govt of the day to try to bring the services at par with civil services in all matters where the Defence services had special privileges.

3. Consider just a few examples. SP, police head of a district used to wear badges of a Captain and used to be colloquially called a ‘police kaptaan’ in 1950’s. Over time, it has been upgraded to equivalence of a Colonel. Likewise, a DC or a Collector, district administrator, used to be equivalent of a Major which has grown to equivalence of a Brig. Top most Police Head of a State used to be an IG, Inspector General of Police, only one to a state, with badges of rank of a Maj-Gen but otherwise equivalent to a brigadier- now there are scores of DGs and Commissioners of Police equivalent to Army Commanders, in all states. Similar is the proliferation in posts and up-gradations in civil appointments. This can never be replicated in Defence Services- you cannot have all or most of the officers reaching the rank of a Lt Gen (ratio of Lt Gen to total officer strength may be around 1:400?) in comparison to AICS where almost all IAS/IPS officers reaching equivalent of that rank even though their yearly intake at about 1000 is not so miniscule as compared to Defence Officers.

 

4. Unlike Defence Service Officers, everyone else in the country, probably the world, has a right to seek release by way of resignation- acceptance of which is only a formality; one can just resign, with mandated notice where necessary, and sit at home; it is only the civility that formal acceptance is sought in some high profile posts/appointments. Take the example of Mr Kejriwal, President of AAP, who resigned from his Central Govt job several years back and was at liberty even though his resignation was accepted only recently and he was never considered a criminal. In contrast, we have no such right- our resignation has first to be accepted, which is very seldom and takes a year or more even if it materialises, before we can stop attending to duties. We have no right to form associations and seek collective bargaining. Take just one example of the degree of restrictions: even a seriously sick person cannot send his casual or sick leave application but must report to a service doctor for evaluation of sickness- a certificate from a civil doctor, even from a Govt hospital is of no value- to be either declared SIQ (sick in quarters) or be admitted in hospital or to attend duty with medicine! Even casual leave is not a right for any eventuality like marriage, sickness or even death of a close family member (there are example galore for denial of leave in so many of such cases)- in contrast a civil servant would just abstain and submit a leave application or a medical certificate from even a private practitioner after rejoining duty.

5. To attend to the special requirements of a defence services personal, we need to do the following:

(a) Creation of CDS (or IDS): This could a replacement of or in conjunction of ‘President’s Commission’ which has today ceased to have any significance as it does not bestow any special or exclusive perk or privilege or an exalted place in society.

(b) Financial compensation for each ‘abridgement of right’: This can be calculated as a percentage of basic salary. The total of such allowances should be of the order of 200% to 250% of the basic salary. For example flying bounty alone at one time used to be 100% of basic salary. The matter of fixing such allowances can be referred to a commission consisting of eminent citizens from industry and judiciary aided by those from services, but none from IAS, who will know the value of those highly trained, motivated, and disciplined workers working as bonded employees denied many of the fundamental constitutional rights with stringent conditions of service and subjected to special acts such as Army/Navy/Airforce Act and such others besides being exposed to vagaries of wars and other war-like conflicts. As a sort of minor comparison, pay and perks of ONGC employees working on Bombay-High may be studied who work in somewhat difficult circumstances but without any enemy action or the element of ‘bondage’, the Army Act or their equivalents in Navy and Air Force. [Consider what an industrialist would be willing to pay a worker who is governed by equivalent of Army Act: cannot abstain under any circumstances except with prior sanction of leave, cannot agitate or form association, the factory manager (equivalent of CO in army) having powers of discipline to include dismissal from service and RI in civil jail up to three months, the GM (equivalent of a GOC) having powers of convening equivalent of a GCM with powers of even a death sentence, and the like]

(c) War and Death Risk: To seek “Death Risk or War Risk” allowance.

(d) To answer the question as to how can new allowance be of the order of 300% be granted, I draw attention to several cases where in salaries of higher judiciary, Governors of states and President of India were hiked even beyond 300% in 2010/2011. The chief Justice of India had recommended similar increase for lower judiciary also.

6. For fixing allowances in distress-prone and field areas, comparison must be drawn with those working in Antarctica as that is virtually the only place where there is some element of civilians working in hard conditions. Taking that as the base, allowances for Siachin-like and other high-altitude areas, field areas etc may be fixed, taking in consideration that there are further stress-inducing elements of High altitude effect and enemy action. Likewise, in the Navy, personnel posted on ships should draw allowances with merchant navy as base. In any case it must be mandated that any allowance for the defence services must not be lower than central services. To site an example, ‘remote area allowance’ of central services and AICS for posting to North East and other such areas, are far higher that field area allowances of defence services, and the latter have no such allowance for non-field areas where civilians may have remote area allowance. There are many other special allowances enjoyed by civilians that have no equivalent for persons in uniform.

7. As for the normal pay and allowances, we should accept total parity with civil services. We should not bring in the Rank Structure into discussion for this purpose. The Rank Structure ought to be followed solely for internal working of the services for matters of appointments and seniority. A special pay such as “Rank Pay” on the lines that was granted by 4th Pay Commission may be re-introduced. This will also resolve the multifarious problems of Pensions for different ranks as the Pension will also attain parity with civil services. If a running pay-band in introduced, rather than rank-based pay bands, another anomaly would be resolved: there is often large disparity in the length-of-service levels in different services, and indeed between different corps within the Army itself, for the same rank: Ist selection board in Navy as of now is at 19 years service in contrast to 15 or 16 years in some corps of the Army, like wise similar differential may exist within corps of the Army. That is unfair to the service/corps wherein the promotion is delayed- at least the emoluments may not suffer except for the element of rank pay.

8. To compensate the Defence personnel for their unusual life full of hardships and early retirement, and to make military service an attractive career, there is need to legislate that their pay would be guarded to have edge over their counterparts in Civil Services, for relative years in service, at EACH stage. The other countries of the world package their Defence personnel 15 -20 percent higher than their Civilian Counterparts.

9. The concept of “Batch” in AICS and “Date of Commission” in the Defence services also needs to be rationalised to bring them to a common denominator. The year following the year in which UPSC exam is held is the Batch year for AICS, where as Date of Commission is the reference date for Defence officers. It should be uniform for all, for which Defence services also need to adopt Batch system. The period of training is 2 years in AICS where as it differs for different types of entry if Defence services. I suggest that for NDA and equivalent entry, where the period of training is 4 years, the Batch year should be third year following the year in which UPSC exam is held. Likewise, for Direct entry Officers, where the period of training is less than two years, the Batch year following the year of UPSC exam be adopted. This will bring some sort of parity with AICS.

10. The CPC should become a standing body, first to consider and recommend Pay packages as it is done now, and then- post acceptance of their report by the Govt, to issue implementation orders as a single point of action in contrast to issue of orders separately by various agencies for different organisations. If the recommendations are made by a single agency, the CPC, their implementation must also be done by the same agency. It can also be the single point for resolution of anomalies as they arise rather than by various committees of secretaries constituted from time to time. Two facts are well known: One: that many provisions, whether arising from CPC, Court Orders or Govt action are deliberately tinkered with by the bureaucracy to the disadvantage of Defence Services at the implementation stage; Two: that central services, mainly the IAS, sanction many a allowance exclusively to themselves outside the CPC-all malpractices by bureaucracy would be reduced considerably by this. The composition and strength of the CPC may of course be adjusted downwards after the primary task of issue of CPC report is achieved.

11. There is need to have a running campaign to educate public opinion: that time to remember and honour defence services is not when there is a war on and they are engaged to fight enemy or immediately after that- that will automatically come- but in peace time when they are least visible so that they know that they have not been forgotten by their country-folk. There is also dire need to understand and highlight to one and all as to how many, if any, of our politicians, Industry bigwigs, Judiciary or Central service Officers have their wards in defence forces and that there needs to be a premium on that. Besides, will any Chief have the conviction to tell the Government, on record, that if the Defence Services continue to be neglected, both in respect of equipment and manpower shortages, particularly junior officers, not neglecting the role of morale and state of equipment, next war may not be winnable, though it may not be as bad as 1962 was? After all, it cannot be any body’s case that a grumbling force, 30% deficient in leadership (that will be 50% if strength of only junior officers is considered), not to talk of state and deficiency of equipment, can at any time be 100% battle ready with conviction to win it. And any amount of money, any which way, inducted at the last stage cannot contribute to improve immediate and short term results. In any case, no Chief ought to falsely paint a rosy picture about the battle readiness of a force.

I can think of two more ie we should also ask compensation for early discharge of defence personnel from age approx 35 to 53 whereas our counterparts in civil can serve till 60 years of age even if they get no promotion whatsoever. Also like in IPS, IAS, state services and even in PBOR cases defence officers should get full pay and perks during the training periods as well.


Sunday, November 10, 2013

ON PAY COMMISSIONS - Damaging a Great Institution - BY LT GEN HARWANT SINGH (RETD)

 
THE 6TH CENTRAL PAY COMMISSION, SET UP IN 2006, DISPLAYED COMPLETE LACK OF KNOWLEDGE OF DEFENCE SERVICES, ON WHOSE PAY &ALLOWANCES IT WAS TO DECIDE. THERE ARE STILL MORE THAN TWO DOZEN ANOMALIES IN ITS RECOMMENDATIONS CONCERNING DEFENCE SERVICES, WHICH AWAIT RESOLUTION 
 
33 YEARS’ SERVICE

The condition of 33 years’ service to earn full pension was introduced, knowing full well that more than 90% of the defence personnel cannot meet this requirement. The 4th CPC created a number of other anomalies which till now have not been resolved.

The 5th CPC took away the running pay band and introduced many more disadvan- tages for the defence personnel. It further lowered the status of defence officers. On persistent protests from the defence services, the bureaucracy (Ajai Vikram Singh Committee), instead of restoring the rank-wise status, altered the very rank structure within the service by creating more vacancies in higher ranks. Thus, we ended up with a Lt Col doing a Major’s jobs, resulting in six to seven Lt Cols in a unit, besides the commanding officer of colonel rank. The same pattern was adopted right up to the rank of Lt Gens. In some manner, this cheapening of the rank did contribute to the problems that have surfaced in units during the past year or so. This has been the handiwork of the bureaucracy, bugged as it had been with the earlier status of armed forces officers vis-à-vis the bureaucracy, police etc. Higher command in the defence forces, unable to oppose this damage to the service, acquiesced to this mischief.

ANOMALIES GALORE
 
The 6th CPC did away with rank pay and displayed complete lack of knowledge of defence services, on whose pay, allowances etc., it was to decide. It thought that a brigadier is of a higher rank than a Maj Gen and consequently gave the former higher pension! It took nearly six years to partially sort out this issue by taking the case right up to the Supreme Court. There are still more than two dozen anomalies in its recommendations concerning defence services, which await resolution.

However, the biggest mischief of this CPC has been the exclusion of defence officers from what is called Non-Functional Upgradation ( NFU), which means that once an IAS officer, say with 14 years’ service, becomes a joint secretary to the union government, then all, yes all officers, in grade A central service with 16 years of service will get elevated to an equivalent status in terms of pay etc. There are more than 50 class-A central services. Army officers are not in class-A central service, it is military service as designated by the bureaucracy. The issue of NFU for the defence services is being left for the 7th CPC to decide, which of course should not be accepted. Hopefully, army commanders (and those in the air force and the navy) will, in writing, apprise the defence minister of the damage such policies are inflicting on the services.

NO REPRESENTATION

No CPC had a member from the defence services, while theirs is the largest officer cadre and nearly 40% of central employees are from the armed forces. There has never been a defence member even among the staff of more than 150 officers assembled to work out the nitty-gritty of various CPC reports. The 5th CPC’s report runs into 2,100 pages in three volumes, where less than 50 pages deal with the defence services.

The government has succeeded in making the service so very unattractive that few suitable candidates want to join it and many of those in service want to quit. During 2001-04, 2,000 officers applied to leave service and that included two Lt Gens, 10 Maj Gens, 84 brigadiers and the rest colonels and below. How many from the IAS, IPS and other central services have opted to leave? Looking at the number of mutinies in units in recent times and the increasing number of cases of suicides and fratricides, even the dumb-witted can make out the impact these developments will have on national security. The British took more than a century to create a worldclass military, while we have succeeded in inflicting much damage to this great institution within a much shorter period. Winston Churchill spelt out the time and the type of effort required to restore the spirit and morale of an army.

The 7th CPC must have a member from the services and sufficient number among the staff that prepares the report. The issue of NFU for the defence services and other anomalies need to be decided now and not left to the 7th CPC.
The writer is a commentator on defence and security affairs. Views
==================================================
Damaging a great institution
Lt Gen Harwant Singh (retd), Hindustan Times   November 08, 2013
First Published: 09:42 IST(8/11/2013) | Last Updated: 09:45 IST(8/11/2013)
                    
 
As compensation for limited promotions, early retirement and to soften blows of the earlier Pay Commissions, the service chiefs demanded 'running pay band' and 'rank pay' from the 4th Central Pay Commission (CPC), constituted in 1983. Since this CPC appeared to follow in the footsteps of the earlier Pay Commissions, the three service chiefs prepared their resignations in case the commission did not accept this very basic demand.
 
When the decision of the chiefs to resign came to be known, this requirement was met along with rank pay up to the rank of brigadier. True to its character, the bureaucracy later deducted an amount equal to rank pay from the basic pay. Quarter of a century later, the Supreme Court finally ordered the government to correct this mischief and pay up rank pay. There are more than 50,000 officers where rank pay amount had been deducted from basic pay. Many have since died and in many other cases, the controller of defence accounts has not worked out the precise amount to be paid.     
33 years' service
 
The condition of 33 years' service to earn full pension was introduced, knowing full well that more than 90% of the defence personnel cannot meet this requirement. The 4th CPC created a number of other anomalies which till now have not been resolved. The 5th CPC (1994) took away the running pay band and introduced many more disadvantages for the defence personnel. It further lowered the status of defence officers. On persistent protests from the defence services, the bureaucracy (Ajai Bikram Singh Committee), instead of restoring the rank-wise status, altered the very rank structure within the service by creating more vacancies in higher ranks. Thus, we ended up with a Lt Col doing a Major's jobs, resulting in six to seven Lt Cols in a unit, besides the commanding officer of colonel rank. The same pattern was adopted right up to the rank of Lt Gens. In some manner, this cheapening of the rank did contribute to the problems that have surfaced in units during the past year or so. This has been the handiwork of the bureaucracy, bugged as it had been with the earlier status of armed forces officers vis-à-vis the bureaucracy, police etc. Higher command in the defence forces, unable to oppose this damage to the service, acquiesced to this mischief.
 
Anomalies galore
 
The 6th CPC (2006) did away with rank pay and displayed complete lack of knowledge of defence services, on whose pay, allowances etc., it was to decide. It thought that a brigadier is of a higher rank than a Maj Gen and consequently gave the former higher pension! It took nearly six years to partially sort out this issue by taking the case right up to the Supreme Court. There are still more than two dozen anomalies in its recommendations concerning defence services, which await resolution.
However, the biggest mischief of this CPC has been the exclusion of defence officers from what is called Non-Functional Upgradation (NFU), which means that once an IAS officer, say with 14 years' service, becomes a joint secretary to the union government, then all, yes all officers, in grade A central service with 16 years of service will get elevated to an equivalent status in terms of pay etc. There are more than 50 class-A central services. Army officers are not in class-A central service, it is military service as designated by the bureaucracy. The issue of NFU for the defence services is being left for the 7th CPC to decide, which of course should not be accepted. Hopefully, army commanders (and those in the air force and the navy) will, in writing, apprise the defence minister of the damage such policies are inflicting on the services.
 
No representation
 
No CPC had a member from the defence services, while theirs is the largest officer cadre and nearly 40% of central employees are from the armed forces. There has never been a defence member even among the staff of more than 150 officers assembled to work out the nitty-gritty of various CPC reports. The 5th CPC's report runs into 2,100 pages in three volumes, where less than 50 pages deal with the defence services.
 
The government has succeeded in making the service so very unattractive that few suitable candidates want to join it and many of those in service want to quit. During 2001-04, 2,000 officers applied to leave service and that included two Lt Gens, 10 Maj Gens, 84 brigadiers and the rest colonels and below. How many from the IAS, IPS and other central services have opted to leave? Looking at the number of mutinies in units in recent times and the increasing number of cases of suicides and fratricides, even the dumb-witted can make out the impact these developments will have on national security. The British took more than a century to create a world-class military, while we have succeeded in inflicting much damage to this great institution within a much shorter period. Winston Churchill spelt out the time and the type of effort required to restore the spirit and morale of an army.
 
The 7th CPC must have a member from the services and sufficient number among the staff that prepares the report. The issue of NFU for the defence services and other anomalies need to be decided now and not left to the 7th CPC.
(Source- Hindustan times)

Monday, November 4, 2013

IESM :MINUTES OF THE ANNUAL GENERAL BODY MEETING HELD ON 27 OCTOBER 2013





MINUTES OF THE ANNUAL GENERAL BODY MEETING HELD ON 27 OCTOBER 2013 SUNDAY AT KARWAL HALL PUNE

WELCOME BY GEN SEC GP CAPT VK GANDHI VSM

The Annual General Body meeting of IESM was attended by veterans from Delhi, Haryana, Rajasthan, Uttar Pradesh, Karnataka, Punjab, Maharashtra, Andhra Pradesh and Chandigarh. The meeting started at 1000h. Gen Sec Gp Capt VK Gandhi VSM welcomed the members and noted that the Quorum was not complete; He adjourned the meeting and declared that many more members would be on the way for attending the AGM, he announced that the meeting would reassemble after 30 min as per the rules.
After waiting for 30 Min

1. Gp Capt VK Gandhi Gen Sec IESM welcomed ex-servicemen for the AGM. He announced that today is the fifth AGM of IESM. Last four meetings were held in Noida near Delhi. This is for information of all that maximum members of IESM are from Maharashtra. He announced that more than 10000 members of IESM, out of total membership of more than 25000, are from Maharashtra and hence Pune has been chosen for this year’s AGM. 22 ex-servicemen organizations are associate members of IESM associate organizations and 57 organizations have pledged their support to IESM and its objectives. IESM is therefore pan India organization having members from 17 states of India and from 10 countries around the world. He announced that it is matter of great pride to conduct AGM of brave ex-servicemen in land of Great Warrior of Marathas Veer Shivaji. He announced that Account statement of IESM for the year will be presented to the house and then other agenda points will be discussed. 

2. The meeting was attended by more than 4500 (more than 500 life members plus 4029 associate members) members including life members and associate organizations.  Details of associate organizations which attended the AGM are given below.

Org Name Org Head Strength
Chiplun Taluka Maji Sainik Sangh Chiplun Sub Suresh Govindrao Shinde 1100

Ex Air warriors Association Gr Capt P S Pardesi 55

Ex-Servicemen Welfare Association Kolhapur Col Vijay K Gaikwad 2240

Tridal Sangh Ambajogai  MWO NB Puri 108

ESM Welfare Organization Dombivali (W) MA Shirke and JV Redakar 296

Mahi Sainik vividh seva sanstha Akluj dis Solapur Veteran veerkumar s Doshi 230

Total 4029

As per  rules of IESM two members of Associate organizations can attend the AGM of IESM and they represent all members of their organization.   
                        
3. Gp Capt CK Sharma Treasurer IESM was invited to present the Account Statement of the year 2012-13 (year ending on 31 March 2013). 

Presentation of Account Statement for the year 2012-13

4. Wg Cdr CK Sharma treasurer IESM presented the account statement for the year ending 31 March 2013. Account statement was explained to the audience. All questions raised by the audience were satisfactorily replied. Account Statement was put up for passing by the house. Passing of the account statement was proposed by Col MS Naik and seconded by Wg Cdr Ravi Mani. The Account Statement was passed by the house with voice vote. Approved account statement is given at App 'A'

Appointment of Auditors for 2013-14

5. Wg Cdr CK Sharma informed the house that Mr Rajiv and Varun and company have been auditing IESM accounts for last four years for a nominal fee of Rs 48000/ per year. The auditors had done a good job and are ready to continue with the same fee for the year 2013-14. One of the member suggested that many ESM are these days undertaking this task and IESM should explore hiring some ESM for this task. The treasurer confirmed that IESM would be glad to accept services of any ESM as auditor for the same fee unfortunately no ESM has volunteered for undertaking this task. However IESM will be very happy to engage any ESM if he wishes to work with IESM. He asked the house to approve the name of Rajiv and Varun and company as auditors for the year 2013-14 for IESM. The name of Rajiv Varun and co. as auditor for the year 2013-14 for IESM was proposed by Col Ramesh Pathak and seconded by Lt Col Abdulla. This was passed by voice vote by the house.

Journey of IESM in last five years

6. Gen Sec informed the house that IESM was formed in 2008. Some senior veterans realized that in this country there is no voice of veterans as there is no organization to present the problems of veterans. These learned veterans got together on 13 Aug 2008 at Noida and resolved to form an organization to look after the veterans and take up their cause with the authorities. The org was named Indian Ex-servicemen Movement (IESM). It was registered in Haryana state vide Regn No.DR/GGN/179 dtd 15 Dec 2008. IESM planned and conducted rallies, dharnas and invented new methods like returning of gallantry medals and memorandum signed in blood. He explained that these method delivered desired results and veterans’ demands of OROP was brought to the center stage and conscience of the nation. These methods had desired effect and committee after committee declared that OROP is the most genuine demand of veterans and reasons given by Government are not tenable. IESM strategy was so effective that Government increased pension of veterans twice after 6 CPC. This has happened for the first time. Govt also agreed to establish separate pay commission for Armed Forces in future. It is very important for all veterans to know that this increase is nowhere near our main demand of OROP.

7. Gen Sec informed audience that IESM has started four divisions to serve veterans. These are;
a) IESM Pension Division; He informed that pension division is headed by Gp Capt SS Phatak. He informed that IESM Pension division is working in 11 cities. These are Delhi, Noida, Pune, Jodhpur, Chennai, Hyderabad, Mysore, Bangaluru, Tirunuveli, Belgam  and Mumbai. Pension division has solved more than 33000 cases and got arrears worth more than 10 crores to veterans and widows. He narrated the case of Buldhana where 10 war widows of Kargil were being given a meager pension of Rs 2500/. Pension division took up their case and their pension was increased from a meager pension of Rs 2500/ to Rs 17520/ and each widow got arrears worth Rs 625000 each. This was greeted with claps from the audience. Gen Sec gave another example of widow of Flt Lt Shirodkar of Pune in which the widow could not get any pension as all documents were destroyed. Pen div took up their case and reconstructed the documents and managed to get veernari a pension after a struggle of two years. Another important recognition of IESM pension division was that the Pension division head Gp Capt SS Phatak was made head of pension cell of Maharashtra Government ESM cell. Cdr Ravi Pathak confirmed that he has had meeting with PCDA(O) and they had accepted to cooperate with IESM Pen div to solve veterans' pens problems. This is definitely a very good news for the veterans.

b) IESM ECHS Division; He informed that IESM ECHS division is headed by Air Mahl Kuldeep Rai. IESM coordinator for ECHS is Col RP Chaturvedi. A total of 28 regional centers have been approved. 26 are fully functional. Similarly 426 poly clinics have been approved, out of this 368 are fully functional. Many veterans and widows have got timely med care because of direct intervention of IESM. 

c) IESM CSD Division; He informed that IESM CSD division is headed by Gen Jagdish Chandra. IESM is working towards establishing CSD canteens in different corners of India to ensure CSD services to all veterans. 

d) IESM Legal Division; He informed that IESM is working to establish a legal division with the aim of providing free legal advice to all veterans. The main
objective of legal division would be to render free advice to veterans about technical legalities of their case.

8. Lt Gen Raj Kadyan was nominated as Chairman of first GB of IESM in 2008. He was then re-elected as Chairman in 2010 and then 2012. Somewhere in this period he started opposing the majority opinion of the GB members and started forcing his opinion on the GB. The members of GB realized this when they felt that Lt Gen Kadyan had started meeting the Raksha Mantri alone against the advice of GB that a delegation of IESM must visit any dignitary to discuss issues of veterans. Lt Gen Raj Kadyan steadfastly refused to accept advice of GB members and insisted that he would keep meeting the RM alone. It is noteworthy that despite claims of his cordial relations with the RM, none of the demands of veterans were approved by MOD, even pension of widows was not increased by MOD. 

9. In this period of five years IESM was able to make headway and shake the conscience of the nation about the neglect of veterans at the hands of Government. Along-with this recognition, IESM had its share of problems. Col Rajan resigned from IESM because majority of GB members did not agree to his demand of reducing the membership fee to Rs 10/ for all members irrespective of the rank as against existing Rs 100/, 200/ and 500/ for ORs, JCOs and Officers respectively. Col K Bhardwaj was expelled from IESM for anti IESM activities. These two incidents happened with full approval and insistence of Lt Gen Raj Kadyan. Majority in GB also approved these decisions.

10. Governing Body of IESM was working democratically till March 2012.  In early May 12, Army Hq informed IESM that an ex-servicemen rally is being organized in Palra village dist Jhajjhar on 16 May 2012. Army Hq asked IESM to support the rally and participate with full Josh. The rally was to be addressed by COAS Gen VK Singh PVSM, AVSM, YSM, ADC. The issue was discussed in GB meeting on 3 May 2012. All members of GB agreed to support the rally with all resources with the IESM. Lt Gen Raj Kadyan was the only opposing vote. The proposal was passed with 8 members voting for it and only one vote against it. Lt Gen Kadyan vehemently opposed the decision and even declared that he would not be attending the rally. He even gave an interview to Indian Express newspaper that this rally was not good for Ex-servicemen and hence they should not attend. This was a clear violation of majority decision of GB IESM. Most surprising thing happened on 16 May 12 morning when all of a sudden Lt Gen Raj Kadyan reached the venue of rally and insisted on speaking to the Ex-servicemen in the capacity of Chairman IESM. Army authorities did not permit him to speak.

11. After having created so many hurdles in the conduct of Ex-servicemen rally at Palra village, Lt Gen Kadyan surprised everyone in GB when he announced in a GB meeting that Army Hq has planned an Ex-servicemen rally at Jhunjhunu in Rajasthan on 18 Oct 12. He also announced that he had already spoken to some ESM in Jhunjhunu and instructed them to join the rally in a big way. GB members realized that this change of mind of Lt Gen Raj Kadyan to suddenly attend Ex-servicemen rally was because Gen VK Singh had retired and new COAS Gen BikramSingh PVSM, UYSM, AVSM, SM, VSM, ADC had taken over. It was very clear from this that welfare of Ex-servicemen was not on the mind of Lt Gen Raj Kadyan but it was personality clash with Gen VK Singh Ex COAS which prompted him to oppose the Ex-servicemen rally at Palra. By this time Lt Gen Raj Kadyan had started opposing all decision of GB and was getting over-ruled by majority. Lt Gen Kadyan did not like this and thus he had started making a plan to overcome this situation. Soon he found this in the coming elections for GB of IESM. Election to GB of IESM were planned for 2 Dec 12. He asked seven members from his village Jhajjhar to fill up nomination forms for election of member GB IESM. Governing Body members were surprised that all these years he was against inclusion of JCOs in GB and suddenly he wanted seven JCOs from his village to be included in GB. Reason was not far to see, GB members understood that Lt Gen Kadyan had planned this to create some support for himself in GB decision making process. Luckily the election team rejected five forms on technical reasons and two associates of Lt Gen Kadyan were elected as members of GB. Lt Gen Kadyan surprised all members participating in election on 2 Dec 12 when he suddenly announced the he was not happy with the elections and proposed elections to be held again after three months. There was a big uproar and the suggestion was discarded by a voice vote. It is important to mention here that Lt Gen Raj Kadyan paid Rs 17500/ to members of his village to come and vote for his nominated members contesting election.

12. After having failed in his attempt Lt Gen Raj Kadyan prompted 4 members, whose nomination forms were rejected, to file a complaint to the Registrar Societies against the election procedure. GB IESM in a meeting passed a resolution that three nominated members would present the case of IESM in Registrar’s office on 4 April 13. Lt Gen Raj Kadyan reached the office of Registrar and argued on behalf of four complainants much against the majority decision of GB. Governing Body members realized that this was point of no return and the situation is beyond control now. In GB meeting it was decided that Lt Gen Kadyan may be asked to explain his conduct of consistently opposing GB decisions. A letter was sent to him on 15 April expressing that he was not adhering to the majority decisions of GB and that the GB has lost  trust in him. Thereafter three reminders were sent to him. He did not reply any of the communication. GB took another initiative of sending a team of three members (Maj Gen Jaini, Col Kirit Joshipura and Hony Lt K Pandey) to Lt Gen Kadyan to avoid confrontation and save IESM from breaking. The team visited house of Lt Gen Raj Kadyan and requested him to follow the democratic way of decision making in GB meetings. Lt Gen Kadyan did not agree to points put forward by the team. When all attempts at reconciliation failed, GB sent a Show Cause Notice to Lt Gen Raj Kadyan expressing that he was not adhering to majority decision of GB and GB had lost trust in him and asked him to send his reply by 25 July 13. Rather than sending a reply to the SCN Lt Gen Raj Kadyan issued a Email on 24 July at 10PM at night for an Emergency General Body meeting of IESM to be held on 28 July 13 at Gurgaon. This meeting was not proper as there was no call/representation from any member for any complaint against any action of Governing Body. Accordingly GB declared this meeting as ILLEGAL. On the 25 July GB met and waited till 1700h, time by which the reply to SCN was due from Lt Gen Raj Kadyan. No reply was received from Lt Gen Kadyan by the designated time. 13 members of GB (8 physically present and 5 on Email/Skype) discussed the situation and decided to terminate membership of  Lt Gen Raj Kadyan under rule 7 (d) (vi) of MOA for disobeying the decision of Governing Body. A communication was sent to him for termination of his IESM  membership wef 25 July 13. Similarly Hony Capt Nagender Singh and Hony Capt Bheem Singh who attended the Illegal Emergency General Body Meeting were also given the SCN. They also did not reply to the SCN and as per Rule 7 (d) (VI) of MOA their  IESM membership was also terminated.

13. Gen Sec had explained the circumstances leading to expulsion of Lt Gen Raj Kadyan Chairman from the membership of IESM. The GB had come to the AGM for passing following resolutions.

a) Resolution No 1; Does the house approve the TERMINATION OF IESM MEMBRSHIP  of Lt Gen Raj Kadyan and thereby his removal from the position of Chairman IESM wef 25 July 13? The house approved with YES and all hands went up for approval of Resolution for termination of IESM membership  of  of Lt Gen Raj Kadyan wef 25 July 13. The members against the resolution were asked to raise their hands. There was NIL response to oppose the resolution. TERMINATION OF IESM MEMBERSHIP of Lt Gen Raj Kadyan and his  removal from Chairman IESM wef 25 July 13 was approved with full majority with raise of hands.  There was  NIL opposition to the resolution. A member asked how many GB members attended the emergency General Body meeting of Lt Gen Raj Kadyan? He was informed only two members of GB of his village Jhajjhar attended the rival GB of Lt Gen Raj Kadyan. Members were satisfied and approved the resolution. Members also asked how many members of GB have come here to attend the AGM today. Members were told that 10 members are present here and two members are attending on Skype as they had some emergency and their tickets had to be canceled at last minute. All the ten members of GB were asked to come on stage to show the solidarity with the IESM members.

b) Resolution No 2; Does the house approve contesting against Lt Gen Raj Kadyan, terminated from IESM membership,  in any court of law to preserve the unity of IESM? The house approved with a YES with full majority by raising hands.  There was  NIL opposition to the resolution.

c) Resolution No 3; Does the house approve TERMINATION OF IESM MEMBERSHIP of two members of GB Hony Capt Nagender Singh and Hony Capt Bheem Singh and thereby their removal from member Governing Body? The house approved the expulsion with YES and raised their hands. There was  NIL opposition to the resolution.

d) Resolution No 4; Registrar Societies had ordered to amend the constitution of IESM by increasing the strength of GB from existing 17 to 21 and accommodate the four complainants as members of GB. This is for the information of all members that an invitation was sent to four complainants to join IESM GB if they so wish. They were asked to confirm that they are not member of any other GB of any organization. They were told that GB IESM has information that they had attended the Illegal Gen Body Meeting held by Lt Gen Raj Kadayn on 28 July 13. House has to decide whether these members should be taken in GB without resigning from rival GB of Lt Gen Raj Kadyan or not. Does the house approve of asking complainant members to resign from the rival GB to join GB of IESM?  The house approved with YES and raised their hands. There was  NIL opposition to the resolution. 

e) Resolution No 5; House was asked if the complainant members do not accept this condition of resigning from the rival GB of Lt Gen Raj Kadyan, Should their claim to join the GB IESM be rejected on this ground. The house approved with YES and raised their hands. There was NIL opposition to the resolution. 

f) Resolution No 6; House was asked if the complainant members do not accept this condition of resigning from the rival GB of Lt Gen Raj Kadyan, Does the house approve the termination of their membership from IESM? The house approved with YES and raised their hands. There was NIL opposition to the resolution.

g) Resolution No 7; The house was informed that, with termination of membership of Lt Gen Raj Kadyan from IESM and from the Chairmanship of IESM, the position of Chairman IESM was now vacant. We need to fill this position. Cdr Ravi Pathak proposed the name of Maj Gen Satbir Singh for the position of Chairman IESM. It was seconded by Cdr PM Padhye. A member asked what is the guarantee that Maj Gen Satbir Singh will also not behave like expelled Lt Gen Raj Kadyan? Maj Gen Satbir Singh took an oath that he would always keep the welfare of veterans ahead of all other issues and always honor the majority decision of the GB. Does the house approve name of Maj Gen Satbir Singh SM for the position of Chairman of IESM? The house approved with YES  and raised their hands. There was  NIL opposition to the resolution.

h) Resolution No 8; House was informed that, with the election of Maj Gen Satbir Singh as Chairman of IESM, position of Vice Chairman was now vacant. Brig S Luktuke proposed the name of Maj Gen PK Renjen AVSM and it was seconded by Col Kirit Joshipura for the post of Vice Chairman IESM. Does the house approve name of Maj Gen PK Renjen AVSM for the position of Vice Chairman IESM? The house approved with YES and raised hands. There was  NIL opposition to the resolution.

i) Resolution No 9; Members expressed the view that since the IESM is all India organization and has members in 16 states, it would be more appropriate to register it in Delhi, the National Capital. The house approved registering of IESM in National Capital with voice vote by raising their hands. There was  NIL opposition to the resolution.

j) Resolution No 10; In the event of Registering of IESM at Delhi, it will be mandatory to dissolve the IESM registered at Gurgaon and merge all assets with the new organization registered at Delhi. All members of the IESM would be given membership of new organization to be registered at Delhi. Even membership of associate organization would also be transferred to new organization. Does the house approve of Registration of new society at Delhi and merger of asset and transfer of all members to new society to be registered at Delhi? The house approved with YES and raised their hands. There was  NIL opposition to the resolution.

k) Resolution No 11; In case four complainant members are not included in the GB for the reason given above, GB is authorized to nominate four members to be included in the GB IESM. The house approved with YES and raised their hands. There was  NIL opposition to the resolution.

Amendment to MOA

14. The proposed amendments to MOA were discussed and approved with majority. The approved amendments are placed at App 'B' 

Address by Chairman

15.  Chairman Maj Gen Satbir Singh addressed the house and confirmed that he would always keep the welfare of veterans upper most in his list of priority and would ensure that all decisions would be taken by majority in GB of IESM.

16.  He informed the house that at the time of fifth CPC Government had ordered a study about the life expectancy after retirement of Central Government Employees. The study revealed that the Central Government employees have live till the age of 77 years. Similarly Indian Railways also conducted the same study and found that the railway employees live till the age of 78 after retirement. Government did not order this study for the defense employees. However Defense member of fifth pay commission conducted similar study with the same parameters. There was a shocking revelation that life expectancy for defense personal is only 59 to 64yrs for ORs, 67yrs for JCOs and 72.5 yrs. for officers. This means defense personal who had kept so fit throughout their service career live less by 6 to 20 yrs after retirement as compared to civil employees. This is a very dangerous situation and he had written to PM and RM to intervene and plan and execute suitable measures to correct this unwanted trend. He further informed the house that a Joint Secretary Mr Harbans Singh of DESW has been reemployed in the department and is being paid a salary of Rs 60000/ and a car from Armed Forced Flag fund. This is a criminal offense as Flag Day fund is meant for welfare of Armed Forces and not  to be used for payment of salary to civilians and that to for fighting cases in courts against the ex-servicemen. He informed the house that IESM had taken up this illegal appointment with the PM and RM. He informed the house that IESM has been getting calls from all over India and abroad for help and IESM has always risen to the expectations and had been extended all help to veterans and their family members and solved their problems. 

17. The Chairman informed the house that on a particular evening a girl called him and told him that her mother was very unwell and needed immediate hospitalization. She was crying and explained that she is daughter of a Naik who is working as a guard with a bank. Unfortunately the family did not have ECHS membership card. Chairman enquired about his date of retirement and asked the family to take the patient to ECHS polyclinic. In the meantime he spoke to MD ECHS and discussed the issue with him and found a solution. OC Polyclinic at Bangaluru was instructed by MD ECHS to attend to the veteran and issue him the card without any delay and attend to the patient. The lady was given immediate treatment and admitted in the hospital. She has recovered fully and is in good health. There are many such incidents of veterans being helped by IESM.

18. He explained that soldiers are being deprived of fundamental right of franchise. While all citizen of India have the right to franchise it is the soldier who keeps India safe has not been able to use his right to vote since last 60 years. Brig Ghuman has done pioneering work in this area. IESM and Justice for Jawan NGO has also contributed in this direction. He explained that there are 62 cantonments and veterans and soldier control 10 crore votes. He emphasized that if soldiers and veterans use their vote intelligently they can influence result of 150 MsP and around 450 MsLA in coming elections. He asked veterans and soldiers to get out of local problems and use their vote power to get their demands approved from Government. His point was very clear that in Indian system politicians understand only vote power of a group and hence we need to use our vote with due diligence.

19. He further informed the house that IESM has written to Presidents of all political parties about the demands of Ex-serviceman and asked them to clarify their stand on these demands. IESM delegation has had a meeting with BJP President Sh Raj Nath Singh on 9 September 13, who had confirmed that his party accepts all our demands and will approve them if his party came to power. He had also confirmed that these demands will be included in party manifesto to be written sometime in Dec 13. Consequent to this meeting IESM participated in the BJP rally on 15 Sep 13. IESM is open to all political parties and was ready to talk to them. A suitable decision will be taken at the appropriate time closer to national elections. IESM would also work to ensure that politicians with criminal background are not permitted to come to Parliament.

20. He further asked the house to extend their hand and support the GB. He said that even though GB has been authorized by the house to take day to day decisions to run affairs of IESM but the GB would need support of the all ex-serviceman and the house. He closed his speech with a call ' Sathi hath badhaana saathi re ek akela thak jaayegaa mil kar bojh uthaanaa'. He saluted the nation by giving call of JAIHIND AND IESM ZINDABAAD.

Audience Points;

21. Hony Capt Sohan Singh through Email; Since the pay of Hony Lt and Capt is same as that of regular service Lt and Capt, they should have same status. This issue is to be dealt with Army Hq. However this issue has been discussed at many occasions and had not been accepted. Hence no useful purpose would be served in taking up again.

22. 22. Hav Vikas Dawle;
a) Elections in India are due soon, it is time to pressurize the Govt to approve OROP. House was informed that IESM is working on the same thought process.

b) Ex-serviceman should be given 50% concession in Indian Railway. This issue was taken up earlier  but did not find favor of Government. IESM will take it up at appropriate forums at the right time.

c) ESM are not being treated at the appropriate level for jobs in Government and PSU. IESM is ceased of this trend and has already taken up with the authorities.

d) IESM should remain apolitical. Gen Sec confirmed that using once right to vote would not make any veterans political. However efforts are on to ensure that veterans recognize their vote power and use it to get their demands approved.

e) IESM website is not updated and should be updated at regular intervals. Gen Sec informed that the issue is in hand and the website will be attended soon.

23.  Sgt CG Shinde; 
a) District board members are rude. Cdr Ravi Pathak explained that the IESM Pen sion division had already lodged a complaint with authorities for their rude behavior. It will be taken up with higher authorities.

b) Reservist with 10 years of service should get pension. Cdr Ravi Pathak explained that the rules permit pension to a veterans with 10 yrs of service provided he was transferred in reservist list. He asked him to bring papers of affected veterans and if the case is genuine it will be taken up.

c) Some veterans have not been given membership of ECHS. Cdr Ravi explained that if a veteran is getting a pension he will get membership of ECHS. This is the rule. 

 24. JWO Kulakarni; ECHS empaneled hospitals are not admitting the patients. It was clarified by Chairman that please give us the name of hospital which is not admitting the patients and IESM would approach MD ECHS/Regional center for proper action. 

 25. Cdr G Sondurs; IESM should remain apolitical and help old veterans. Chairman confirmed that this is the primary function of IESM and will be upheld. 

 26. Veteran RD Pandey Ex-Serviceman welfare organization Dombivali; IESM should allot areas to veterans to work for welfare of ex-serviceman. Gen Sec confirmed that work is in hand to establish structure in states and districts.

 27. Col Mukesh Trehan; Pen slip for veterans is available on internet can be seen by interested veterans.

(SOURCE- BC VASUNDHARA BLOG)

Sunday, November 3, 2013

HAND BOOK ON PENSIONARY BENEFITS TO AIRMEN (OCT 11)

Does India Need Compulsory Military By Brig. Amrit Kapur



 
          Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1–3 years on active duty and then transfer to the reserve force. In China, the State of Qin instituted universal military service following the registration of every household. This allowed huge armies to be levied, and was instrumental in the creation of the Qin Empire that conquered the whole of China in 221BC.
 
         Conscription is controversial for a range of reasons, including conscientious objection to military engagements on religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; and ideological objection, for example, to a perceived violation of individual rights. Those conscripted may evade service, sometimes by leaving the country. Some selection systems accommodate these attitudes by providing alternative service outside  combat operations roles or even outside the military, such as Zivildienst (civilservice) in Austria and Switzerland. Most post-Soviet countries conscript soldiers not only for Armed Forces but also for paramilitary organizations which are dedicated to police-like domestic only service (Internal Troops) or non-combat rescue duties (Civil Defence Troops)–none of which is considered alternative to the military conscription.
 
         As of the early 21st century, many states no longer conscript soldiers, relying instead upon professional militaries with volunteers enlisted to meet the demand for troops. The ability to rely on such an arrangement, however, presupposes some degree of predictability with regard to both war-fighting requirements and the scope of hostilities. Many states that have abolished conscription therefore still reserve the power to resume it during wartime or times of crisis.
 
        Historically, the vast majority of conscription measures involve male-only participation. Even today, most countries mandating conscription only do so for males. Men who opt out of military service must often perform alternative service, such as Zivildienst in Austria and Switzerland, whereas women do not have even these obligations. Nominally gender-equal societies such as Finland and Denmark also employ male-only conscription, as have the Netherlands and Sweden in contemporary times.The onerous time and other commitments involved with conscription, spanning two years in many cases, raises serious questions about the fairness of such programs and how they fit in with expectations of equal treatment irrespective of sex. While women, almost always exempt from conscription, are free to pursue work, study and other activities, men’s early career and life prospects can be impeded by conscription.
 
         American libertarians oppose conscription and call for the abolition of the Selective Service System, believing that impressments of individuals into the armed forces is involuntary servitude. Ron Paul, a former leader of the Libertarian Party has said, “Conscription is wrongly associated with patriotism, when it really represents slavery and involuntary servitude.” The philosopher Ayn Rand opposed it because “Of all the statist violations of individual rights in a mixed economy, the military draft is the worst. It is an abrogation of rights. It negates man’s fundamental right—the right to life—and establishes the fundamental principle of statism: that a man’s life belongs to the state, and the state may claim it by compelling him to sacrifice it in battle.”
 
          In 1917, a number of radicals and anarchists, including Emma Goldman, challenged the new draft law in federal court arguing that it was a direct violation of the Thirteenth Amendment’s prohibition against slavery and involuntary servitude. However, the Supreme Court unanimously upheld the constitutionality of the draft act in the case of Arver v. United States on January 7, 1918. The decision said the Constitution gave Congress the power to declare war and to raise and support armies. The Court emphasized the principle of the reciprocal rights and duties of citizens: “It may not be doubted that the very conception of a just government in its duty to the citizen includes the reciprocal obligation of the citizen to render military service in case of need and the right to compel.”
 
           It can be argued that in a cost-to-benefit ratio, conscription during peace time is not worthwhile. Months or years of service amongst the most fit and capable subtracts from the productivity of the economy; add to this the cost of training them, and paying them. Compared to these extensive costs, some would argue there is very little benefit; if there ever was a war then conscription and basic training could be completed quickly, and in any case there is little threat of a war in most countries with conscription. In the United States, every male resident must register with the Selective Service System on his 18th birthday and is available for a draft. William James, consider both mandatory military and national service as ways of instilling maturity in young adults.
   
        The cost of conscription can be related to the parable of the broken window. The cost of the work, military service, does not disappear even if token salary is paid. The work effort of the conscripts is effectively wasted, as an unwilling workforce is extremely inefficient. The impact is especially severe in wartime, when civilian professionals are forced to fight as amateur soldiers. Not only is the work effort of the conscripts wasted and productivity lost, but professionally skilled conscripts are also difficult to replace in the civilian workforce. Every soldier conscripted in the army is taken away from his civilian work, and away from contributing to the economy which funds the military. This is not a problem in an agrarian or pre-industrialized state where the level of education is universally low, and where a worker is easily replaced by another. However, this proves extremely problematic in a post-industrial society where educational levels are high and where the workforce is highly sophisticated and a replacement for a conscripted specialist is difficult to find. Even direr economic consequences result if the professional conscripted as an amateur soldier is killed or maimed for life; his work effort and productivity is irrevocably lost.
  
       Jean Jacques Rousseau argued vehemently against professional armies, feeling it was the right and privilege of every citizen to participate to the defense of the whole society and a mark of moral decline to leave this business to professionals. He based this view on the development of the Roman republic, which came to an end at the same time as the Roman army changed from a conscript to professional force. Similarly, Aristotle linked the division of armed service among the populace intimately with the political order of the state. Niccolò Machiavelli argued strongly for conscription, seeing the professional armies as the cause of the failure of societal unity in Italy. Other proponents, such as William James, consider both mandatory military and national service as ways of instilling maturity in young adults. Some proponents, such as Jonathan Alter and Mickey Kaus, support a draft in order to reinforce social equality, create social consciousness, break down class divisions and for young adults to immerse themselves in public enterprise. Israel and Switzerland have compulsory military service. So can we implement something like this in India?
 
          It is estimated by the British military that in a professional military, a company deployed for active duty in peacekeeping corresponds to three inactive companies at home. Salaries for each are paid from the military budget. In contrast, volunteers from a trained reserve are in their civilian jobs when they are not deployed. John Palmer: Military conscription isn’t dead yet. In June of 1973, the last man to be subject to military conscription was drafted. Previous to this time men of all social classes could be drafted into the armed services; were put, usually against their will, into uniform, and were sent to Vietnam to kill people in their own homeland, or to support those who did the killing.
 
        The war in Vietnam itself does not, of course, seem foreign to modern sensibilities because it parallels the recent pointless war in Iraq. Neither Vietnamese nor Iraqis had ever attacked Americans but in both cases they invaded and attacked them. No, it is not (alas!) the war itself that seems incredible, it is the fact that the soldier-killers on US side were in some sense, enslaved (forced) to do the job. Because they do not like to remember these events in their actual, raw form have deceived themselves by building a myth that their fighters were “defending freedom in America (and, by extension, in the world).” And now, since they have apparently given up the draft, they tell that this defense is carried out by an “all volunteer army.”
But how many readers know how many of these “volunteers” are not able to serve a full enlistment term? (Answer: about one-third of them) And how many readers are familiar with the term “stop loss” — a phrase which implies that involuntary servitude — even now — has not yet really been abolished? How many remember that early in the Vietnam conflict it was mostly professionals who died? (In 1965, 16 percent of battle deaths were draftees, but later on it was mostly hapless amateurs. In 1969, 62 percent of battle deaths were draftees.)
 
        It is fair to say that the end of the draft in 1973 was indeed a step forward. But, that said, the current situation is still onerous, unjust and inefficient. The motive of most of  military volunteers has more to do with economic necessity than with love of country — and, once they are in, many can’t make it and those that can make it might be held in longer than their contracted time. Compulsory military service can give person a sense of discipline and patriotism.
 
One hundred and fifty years ago slavery was ended in the United States; this was indeed a great humanitarian step forward and will never be reversed. Forty years ago military conscription was ended in the United States and this also was a clear humanitarian victory. But in this case, the outcome could be reversed. Young men (but not women — feminists, where are you?), must still register for the draft. It is, as they say, the law. Scoffers may claim that the days of forcing men into uniform, and giving them weapons to confront other men whom they do not consider to be their enemies, are clearly over. Well… maybe. But then some of us who were subject to the draft thought there would never be another Vietnam. Iraq proved us naïve.
 
         The time may arrive again when a megalomaniac comes to power in the US. Once again we will hear of striking blows for freedom against nefarious enemies! And once again young men may learn to dread the ironic words “selective service” just as their grandfathers did. Palmer, of Charleston, served in the U.S. Air Force in South East Asia in the late 1960s and early 1970s.
 
Should India implement compulsory military service?
 
        Can you imagine every Indian man and woman over the ages 18 attending 2-3 months of military school or even attending compulsory military training? Israel and Switzerland have compulsory military service. So can we implement something like this in India? Will it be of any benefit? After military training, the person should be given a choice of joining the armed forces or doing 6 months of compulsory social work. This will provide the armed forces with trained volunteers and the volunteer will get valuable experience. It’s definitely a good idea to have a well trained civilian as well as a trained army.
 
       Compulsory military service can give person a sense of discipline and patriotism. The army also offers numerous chances of basic as well as higher education. Compulsory military training can be taken up after graduation and should be completed anytime before graduation. The training period can be of 6-12 months depending on which branch the person shows a capacity for. After military training, the person should be given a choice of joining the armed forces or doing 6 months of compulsory social work. This will provide the armed forces with trained volunteers and the volunteer will get valuable experience that can count for school credit as well as an impressive resumé. However, many are of the opinion that we don’t really need bigger armed forces. Every year, there’s a huge rush of youths competing with each other to enter the armed forces. And why not? The army offers good education opportunities, good salaries, housing for the officer as well his family, and don’t forget the army canteens which provide essentials at discount prices. For India’s vast collection of unemployed youth, the military is a good calling. So there is currently no shortage of soldiers, but a shortage of officers.The educated youth don’t really prefer the army as a profession as they know they have a ready market for their talent.
 
         Is mass recruitment through alternate channels like compulsory service the best way for the army to get higher caliber officer cadets? Will the best still leave? Or will the training provide the hook needed to rope in the best brains for the officer cadre?
So this is where we get stuck! Compulsory army training is a good idea but we have the right to choose and the government can’t really force the choice. Do you think there’s a middle path here? Adm (Retd) J G Nadkarni  says only limited conscription can end army’s manpower woes.