My opinion piece on the current societal issues affecting the Armed Forces, published @Swarajyamag:
The
Gaze of Social Media, Societal Churning and the Uniformed Forces
Navdeep Singh
In my opinion, no
organisation, the uniformed services included, is beyond scrutiny.
And with that disclaimer, I
would like to emphasize, that the recent events in public gaze concerning our
armed forces, triggered by a video posted on social media by a trooper of the
Border Security Force (BSF), must not be viewed in black or white and till the
full facts are made known, neither the organisation nor the individual should
be the target of preconceived notions or bias. There is no denying that like
other large organisations, the security forces also face certain issues at
various levels, but that reality must not become a tool for spreading
discontentment, frustration or disaffection or an opportunity to create
fissures between the leaders and the led. Scandalizing of the subject must
cease, but at the same time, such instances, even if assumed as emanating from
disgruntled personalities, should lead to all stakeholders trying to ensure resolution
and improvement. As I have stated many times in the past, while there is too
much focus on anomalies related to pay and pension and other financial matters,
real issues which affect the very heart and soul of our organisations comprising
brave men and women, are ignored.
Though the incident
primarily revolved around bad rations, it has encompassed many facets of life
in the uniformed services. Let me comment on certain highlights of various
aspects that are being played out in the media and social media. I must warn though
that this is going to be a long read.
Us and Them syndrome
All security forces serve
the same flag and are expected to work shoulder to shoulder for the same
ultimate aim. The episode however again brought to fore statements such as
“This is the BSF and not the Army” or “This never happens in the Army” or
“There is a problem of leadership in the Police Forces” and so on. That is no
consolation. It was the Border Security Force (BSF) this time, tomorrow it
could be the Army. Irrespective of the veracity of this incident, complaints on
quality of ration are not rare in the Army and we must not pretend to be
surprised. Further, the Army has had its share of ration (and other) scams too,
and the Army is also not a holy entity removed from the society. The quality of
roti, kapda and makaan is talked of in hushed tones and we should have the moral
courage to admit and make amends. While
there is no reason for the voices of superiority from military veterans, there
is also no reason for former and current members of the Central Armed Police Forces
(CAPFs) to play out how they are discriminated against in pay and allowances
time and again, especially with regard to the additional Military Service Pay
(MSP) granted to defence personnel (Army, Navy and Air Force) but not to those
in other uniformed services. It is pertinent to note that there is one inherent
difference between the Defence Services and the CAPFs, and that is, while personnel
of the former start retiring in their 30s, troopers of the latter retire in
their 50s, serving two decades more than the former and in the bargain enjoying
not only certainty and protection of livelihood during productive lifetime but
also higher lifetime earnings and multiple pay revisions. Similarly, while it
is true that the military gets higher allowances in certain field areas, the reverse
is also correct wherein CAPFs have an edge. It is a fact that on one hand, over
the years, some of the better military specific allowances stand extended to
the other services, the same courtesy or reciprocity has not been allowed to
the military. Today, payouts such as the detachment allowance, Special Duty
Allowance, Tribal Area allowance and Double House Rent Allowance are not
available to defence services. Of course, bullets of the enemy do not
distinguish between the colour of the uniform and the CAPFs operating in the
same area as members of the defence services deserve the same risk-related
allowances, but vice versa should also be made applicable. Hence apart from the
basic pay, which is broadly the same for all services including the military,
there is no comparison of service conditions- you win some, you lose some, and
which is absolutely clear at the time of joining service, whether it is the military
or the CAPFs. Yes, discriminatory practices such as inequitable allowances must
be ironed out. I am anyway not a believer of superiority or inferiority of any
service or organisation. All play a role and all are equal.
Excellent
system of redressal of grievances in the uniformed forces?
I tend not to fully agree. The
number of representations, petitions, non-statutory complaints, statutory
complaints and litigation cannot be termed as low by any stretch of
imagination. The redressal of grievances theoretically is apt in the forces,
but practically speaking there are many rough edges which need to be smoothened
out since handling of grievances is personality oriented and there is no thumb
rule. On various TV shows during this episode, it was argued that the
Commanding Officer (CO) is a father figure and if a person does not get
redressal from his Commanding Officer, he can always approach the next senior
in hierarchy. Easier said than done. Can a prudent person expect a soldier, who
has complained against his CO, to have a smooth time thereafter in the unit
under that very CO? Are all complaints made to superiors in the hierarchy even promptly
forwarded to them? Both answers are in the negative. Moreover, the CO can only
deal with local issues within his control, nothing beyond it, and again, the
resolution would be dependent upon personality traits. It is also well known that the formal system
of statutory and non-statutory complaints for issues such as Confidential
Reports, disciplinary matters and promotions is a slow grind. While such
complaints are supposed to be finalized within 6 months (against the 3 months
prescribed by civil departments), despite emphasis by successive Defence
Minsters on promptness, complaints are rarely decided in time, unless, let us
face it, strings are pulled. What does it lead to? Nothing but frustration and discontentment
and lack of closure- aspects that can be easily handled in-house with a well-oiled responsive grievances redressal
machinery. To add to the woes, complaints are rejected on points such as
‘incorrect format’ and what not, leading to more disgruntlement. Should soldiers
who are cut-off from the world sitting in tough posts on the border be expected
to adhere to formats and red-tape and then wait forever to get their issues
resolved? Should soldiers remain preoccupied with their pending grievances or
perform their duties? Should a few disgruntled ones then be allowed to
disproportionately flag these problems and hurt the image of the entire force?
There is hence hollowness on display when we hear phrases of praises on the
system of redressal of grievances. The reality is that one has to be well
connected or street-smart to get himself or herself heard and those stating
otherwise obviously do not have the courage to admit the follies of the existing
system. Think if you must that we are ‘the best’, but let us strive for making
the system even better and ensure objectivity and decisions that are not
influenced by any other aspect but the merits of the grievance.
What
can be done?
To improve the system of
redressal of grievances, some simple steps can be initiated, of course within
the four corners of discipline and military efficiency. Steps that would be
easy to implement but may not undermine the authority that is needed to command
troops into battle.
Going
up the hierarchy: In case of a grievance related to an
individual’s unit or an officer under whom he is serving, rather than jumping
the hierarchy, the person must be allowed to write to the higher formations or
Commanders through proper channel, as is permissible under the existing system,
but with an additional concept of a direct ‘advance copy’ to the senior officer
as a matter of right. Further, it should be reemphasized strictly that officers
in the channel would not hold back any complaint or representation for more
than the prescribed days and any such delay would entail a notice to the lower
unit, officer or formation from where it was supposed to move up. The authority
to whom the advance copy is addressed must interact with the affected person
and hear him out before reaching a conclusion. Officers should be encouraged
not to consider ‘recommendations’ or ‘comments’ from down below as binding and
must not shy away from forming own objective opinions by overruling such recommendations,
if required.
Opportunity
of hearing or interaction: In case of statutory complaints, which
are not routine representations as above, but usually involve career aspects,
an opportunity of hearing or interaction must be provided to the complainant by
the competent decision-making authority or the authority closest to the
decision-making authority. This procedure, recommended recently by a Committee
of Experts, of which this author was also a member, already stands accepted by
the Defence Minister in principle but the implementation instructions are yet
to be issued. Explaining the benefits of such an approach, the following was
stated by the Committee:
“...Opportunity
of personal hearing or personal interaction has many advantages. It is what is
known as sunwai in vernacular. Not only does it lead to satisfaction of
the Complainant that he/she has been heard objectively by the decision making
authority but at times it may also lead to the competent authority getting
convinced that what the Complainant is stating is correct and the picture
painted by the authorities on noting sheets lower in the chain could be
incorrect. It may be pointed out that in almost all civil organizations and
even in the Indian Air Force, opportunity of hearing is freely provided which
leads to a higher degree of satisfaction level and also harmony within the
system. Though the informal system of ‘interview’ is available in the defence
services, it is discretionary and not institutionalized and not at the
‘competent authority level’ especially while dealing with statutory complaints.
The system of opportunity of hearing also provides a catharsis to individuals
who may feel stifled at times and hence would provide an outlet to at least
open up before the competent authority. It becomes all the more important in
defence services where there is no trade unionism or associations, and rightly
so. It becomes even more important in the stratified rank structure environment
and physically long distances of location.
Under
the current system, complaints of aggrieved personnel are being dealt with by
way of a one-way file noting system on which, after a complaint is submitted,
the complainant is neither heard nor is given an opportunity to rebut what is
put up against his Complaint by the dealing official chain. At times, decisions
are taken based on the comments of those very officers/officials who have been
complained against giving rise to a question of bias, which could be simply a perception,
or even real, and which may not result in closure of the issue with rampant
dissatisfaction due to the very reason that a person has not been heard and
only a one-sided decision has been taken. There is also a challenge to address
the perception that there remains an element of subjectivity in the processing
of the Complaints since the system would perceivably remain favourably inclined
towards the organisation. It also so happens that on many occasions, especially
at ranks other than Commissioned Officers, personnel are apprehensive in
approaching the institutional redressal system for the fear of reprisal from
superiors. All this would change with the system of institutionalizing
‘opportunity of hearing’ which would not only be in tune with the best
practices of the current times, but also in line with decisions of
Constitutional Courts, the views of the Hon’ble Raksha Mantri and also DoPT
instructions issued from time to time. In fact, it has been emphasized time and
again even by the Department of Administrative Reforms & Public Grievances
that employees’ frustration rises from the perception of inaccessibility and
lack of concern of superior officers, failure to acknowledge and act upon
grievances and non-involvement in organizational activities...”
Faster
and time-bound redressal: Timelines on grievances must be
strictly adhered to and non-processing in time should provide a right of
audience for the soldier to the competent authority. Though there must be a
balance between individual and organisational rights, the precious personal
rights cannot be held hostage to administrative lethargy. Again, in such cases,
when grievances are not decided within a particular time limit, to obliterate
any negative usage of other unauthorized channels, soldiers must have a system
of informing the competent authority directly or through electronic means and
the designated authority should be obliged to provide an audience or
interaction. It is well known that many complaints are rendered infructuous,
including in career related issues, due to the fact that they are not decided
in time. I would mince no words in stating that it is truly unfortunate that seven
decades after independence we have not been able to even ensure decisions on
complaints within laid down time limits, and time limits which, ironically, are
themselves needlessly generous- six months in most cases. It should not be
forgotten that timely, objective and fair disposal of a grievance is like a
legally provided pressure valve which can provide quietus to an issue and bring closure for a person, but if that
vent or outlet is not provided, the built-up pressure is bound to escape
through routes that would not be palatable.
Social
engineering and flattening of hierarchy through technology: The
Army Chief’s idea for grievance boxes is a welcome step but it may prove to be
ungainly since he alone would not be able to monitor grievances from such a
large manpower, and some of such complaints would be frivolous and personal
rants which would have to be filtered out. Since interaction with senior
officers is not feasible at all times due to the nature of duties, there must
be an established system for more interaction in real time with seniors without
being put-up through staff officers with a hackneyed approach, and for
designated grievance officers in all formations who must remain insulated from
influence and subjectivity. This actually is nothing new. The Army’s Western
Command under the aegis of the then Army Commander, Lt Gen KJ Singh, had initiated
a blog wherein all ranks were free to float suggestions, recommendations and
grievances. In fact, it could be loosely termed as an electronic and more
feasible version of a grievance box advocated by the Chief of the Army Staff.
It provided real-time outlet for such issues thereby eliminating simmering
undercurrents. Further, this was not done as a mere formality but grievances
and recommendations were acted upon and star recommendations were also
publically awarded. At the same time, the same Army Commander had also done
away with an eatery in a market within the cantonment which had separate
sitting spaces for families based on ranks. While hierarchy within official
spaces and establishments cannot be avoided, and in fact may be desirable, public
spaces for families in cantonments need to be rendered totally rank-neutral. The
sahayak system is also in news. Though
the uniformed services often emphasize the ‘buddy system’ and ‘breaking bread
together’ and the ‘camaraderie’, it is still felt in certain quarters that
there is a clash of societal dynamics which has resulted in personnel resisting
work outside their charter of duties. The system, by whichever name it may be
called, is an integral part of operational environment and apart from relieving
Commissioned Officers and Junior Commissioned Officers from the rigmarole of
mundane day to day issues, sahayaks act as a bridge between the troops and
their leaders. Just as support staff is provided to officers to enable them to
perform duties efficiently in peace and staff appointments, sahayaks are
entitled in units and formations on war establishment. If an officer cannot be
expected to type all his letters without assistance of a clerk in a staff
appointment, he cannot also be expected to perform routine administrative tasks
and run around without assistance in a field appointment. Rules anyway prohibit
combatants from being used for domestic chores but it does seem that the
concept has faltered and has become hazy due to unfortunate aberrations. If
there is so much hue and cry on this subject, obviously there must be things
that require to be fixed. With some very senior officers and veterans brushing
aside the voices raised against the exploitation of the system, we should
simply ask ourselves whether the system is being misused or not. Even if the
answer is uncomfortable, it should not be ignored, and with changing social
dynamics, the effort should be to provide a practical alternative without compromising
the dignity of combatants. Due to frequent movements, military families have to
struggle for survival in new places every now and then, they even have to live
most of the service life without the breadwinner. It is a nightmare, to say the
least. There is hence requirement of support but the answer to that must be
brainstormed by the establishment itself. Whether it is staff specially
recruited for the purpose, whether it is manpower arranged out of contributory
funds at each station centrally after due verification or whether it is a
trained and organized system of housekeepers and maids with background checks
at military stations paid by those who employ them- it is for the stakeholders
to devise and find a solution to. In fact, the few cases of transgression
cannot be blamed upon the uniformed organisations per se or even on officers, we have simply failed to provide an
alternative, and in other cases, it might be a sense of entitlement at play and
being miserly with a tendency to live on the house, crudely put. Yes, the issue
is blown out of proportion every now and then with extreme stands on both
sides, yet, a long lasting solution needs to be found.
Stress
and strain of military service and its effect on mental health
At times, there is a thin
line between misdemeanour and a psychiatric condition, a line which is not
discernable to an untrained eye. Stress and strain is the hallmark of military
service, which is recognized universally, all over the world. The fact that a person
is away from his family most of the year and cannot hence fulfil domestic
commitments results in added pressure which at times becomes unbearable. It is
not a sign of weakness, we’re all different constitutionally and the body
reacts differently to varied stimuli. Under such pressures, certain individuals
tend to develop conditions which need care and sensitivity and not disdain. For
example, a person may wander out of the lines due to his mental condition and
while a mature leader of troops may rightly refer him to a psychiatrist,
another may simply declare him absent without leave. Similarly, mature leaders
would understand that while intoxication on duty could be an offence, alcoholism
could well be a psychiatric condition. While I do not mean to defend the BSF
trooper we all saw on TV, I found it a little odd for him to be summarily
branded as a ‘bad hat’ or an ‘alcoholic’. If so, he required psychiatric care
and not entrustment with a weapon in an operational area! Officers should not
forget that stress and strain of service and effect on mental health is much
higher on lower ranks than on higher ranks. A great contributor is the
inability to cope up with requirements back home, seemingly small little
matters- education of children, property disputes, registration of house,
municipal work and so on, and an insensitive administration does not help.
While officers are still able to get a grip by speaking to their civilian
counterparts and are blessed with better education and wherewithal, personnel
of lower ranks are at sea, the result of which is stress which is then also
wrongly blamed on ‘domestic reasons’ while the actual cause is military service
and its exigencies which keep troops away from efficient and timely resolution
of the multitude of issues back home, but that is another story for another
time.
The times we live in are
complicated and there are no easy solutions. The answers, or even the
questions, cannot be so simplistic as many of us seem to believe. There is no
wrong and no perfect right, there is no black and there is no white. The only
truth in this is the fact that this perhaps is an uneasy era, but just like the
society, the uniformed forces shall also self-adjust with these times. The
churning is not comfortable but all stakeholders must show flexibility and
balance to tide over this temporary disquiet.
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Major Navdeep Singh is a practicing High Court lawyer, author and the founding President of the Armed Forces Tribunal Bar Association. He is Member of the International Society for Military Law and the Law of War. Apolitical, he writes on law, issues concerning the military, public policy and governance.
