Combat duty / ready for Combat duty : ‘Combatant’ explained in PB-4 context

One of the hottest topics of discussion amongst military circles is the stipulation that PB-4 shall be granted to Lt Cols who are on combat duty or who are ready for combat. The various facets of PB-4 not being granted to officers on deputation have already been discussed in this blog here but it is also important to touch on the second issue – the term ‘combatant’.

So who is a ‘combatant’ ? For starters, the term ‘combatant’ is not defined anywhere in any of the Military Acts (Army/Navy/Air Force Act). By convention it includes all military personnel serving under military law except :

a) Members of the Military Nursing Service (MNS)

b) Whole Time NCC officers (Such officers are explicitly mentioned to be outside the purview of military service in terms of Section 10 of the NCC Act, 1948). It may be pointed out here that such Whole Time NCC Officers (who wear Khakhi uniform) are a class separate from Regular combatant Army Officers posted to NCC units.

c) Non-Combatant Enrolled Personnel (NCsE) who being non-officers are in any case not related to our topic

Before there are dissenting voices, the following quote concerning MNS from the 6th CPC report on Page 79 becomes very relevant :

The rates of MSP would however need to be kept suitably lower (4200) keeping in view the fact that MNS officers are not primarily meant for combat duties.

The above statement also goes to show that officers granted a higher MSP of Rs 6000 are primarily meant for combat duties, hence the said higher rate of MSP. All officers including all arms, services, branches and departments of the three services have been granted an MSP of Rs 6000 solidifying their ‘primary combat duties’ status as conveyed by the 6th CPC itself.

Though the term ‘combatant’ is not defined anywhere under law, it becomes clear as a crystal if we rely on international law. Article 1 of the 1907 Hague Regulations relating to War on Land simply defines combatants as all those personnel who are commanded by a particular person, have fixed distinctive insignia, are authorized to carry arms and conduct their operations in accordance with the laws and customs of war. Article 43 of the Protocol Additional to the Geneva Conventions of 12 August 1949 describes all members of armed forces as ‘Combatants’. Basically, every member of an armed force who is authorised to use an arm (weapon) in an offensive or a defensive role, is a combatant.

Coming back to MNS and to why they are not classically covered under the definition of ‘combatants’. The officers of the Nursing Service need not go into battle or operate weapons though they are supposed to perform duties at nursing stations / hospitals / ambulances at the fringes of battle. Nursing functions in actual battle are carried out by BFNAs who are a part and parcel of fighting elements in battle, and hence classified as ‘combatants’. It is a time tested system wherein in the battlefield, the job of non-combatant nurses is carried out by combatant nursing assistants.

There was discussion on this blog earlier wherein former officers of certain arms and support arms had referred to services such as ASC and AOC as non-combatant branches. This is absolutely incorrect. All members of Arms, Services, Branches and Departments of the ‘Armed’ Forces are Combatants irrespective of the functions performed by them. They are all meant to fight battles and bear arms for the nation. Next time someone would say that pathologists and psychiatrists in the medical services of the central govt are not to be granted PB-4 since they are not ‘surgery ready’. To put it simply, by extending the logic of the 6th CPC, all those who are in receipt of an MSP of Rs 6000 would be eligible for PB-4 too.

So in my humble opinion, all should rest assured that Pay Band-4 shall ultimately be made applicable to all officers of the Army, Navy and Air Force irrespective of the kind of duties being ascribed or performed. The same can logically only be held back from MNS officers and Whole Time NCC Officers. By the way, every soldier in every arm or service is enrolled in the Army through Form-I appended as Appx-1 to Army Rules and this form clearly defines all soldiers as 'Combatants'. Non-Combatants are enrolled through Form-II of Appx-1.

May I also request readers once again to maintain the dignity of the discussion fora. Derogatory references to various services may not be initiated please - neither in the chat box nor in the comments area, otherwise I shall be constrained to moderate comments and messages. Thank You.