Protect Honour of the Armed Forces

Statesman 02.07.17

The Prevention of Insults to National Honour Act, 1971 is backed by a rationale that no person has any right to insult the Indian National Flag and National Anthem. It is sad, however, to notice that while these representatives of our sovereign pride are duly protected by central legislation, the armed forces, comprising of the Indian Army, Indian Navy and Indian Air Force are left vulnerable to hateful/ derogatory remarks by our political elites.

No other job in the country involves such harsh duty in extreme conditions on land, water, air, even underneath seas. Away from their families and devoid of privileges such as leave on festivals and weekends to convenientwork timings and work-leisure balance as enjoyed by civilians, armed forces personnel undeniably deserve at least a sense of respect for their tireless duty towards the service of the country and its citizens.

And yes, the makers of independent India and of its supreme law of the land, the Constitution, factored in these elements; sadly, the political class,slowly and progressively, overruled these and in want of electoral support has insulted the armed forces time and again. It is to be noted that the same part of the Indian Constitution that bestows upon people fundamental rights has under Article 33 made an exception, which reads as:

“Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to –

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c)

be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.”

The intent of the makers of the Constitution was clear, armed forces and such organizations discharge special duties and hence they cannot have absolute and unrestricted access to fundamental rights.

Again, under Article 136, the Constitution says:

“(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.”

The above Article restricts the powers and jurisdiction of the Supreme Court in matters related to armed forces of the country, a clear indication of the fact that the internal security of country and also its safety from external threat are special functions that should be differentiated from the civilian judicial apparatus.

It is nothing but a perfect rejection and insult of these principles that the political elites of today never refrain from defaming the armed forces in public. Such denouncements are widely covered by the media and are debated in prime time slots, all to play with nationalistic sentiments of the general public. Politicians, cutting across political parties and ideologies, have resorted to bad mouthing the actions of armed forces to fetch petty political gains.

While freedom of expression has explicitly been concluded as a basic right, it must be remembered in light of Article 33 of the Indian Constitution that the armed forces are a special service and they need differentiated treatment. This very article that takes away the basic right from armed forces implicitly expects safeguard of at least the honour of forces. Those safeguarding the country cannot be exposed to hate speeches and defamatory comments of politicians.

It is thus hereby suggested that the armed forces of this country be included in the Prevention of Insults to National Honour Act, 1971, alongside the Indian National Flag and National Anthem. The government should place the bill, The Prevention of Insults to National Honour (Amendment) Act, 2017, in Parliament, which shall make such necessary amendments as are required to thwart any ill-intended attack on the honour of the armed forces. By declaring defamation of armed forces as an offence in the amended act, we shall be better placed in terms of protecting our men in uniform from verbalabuse and dishonor.

Pending such legislation, it is also expected from the Hon’ble Supreme Court, which placed a ban on coverage of news related to a recently convicted High Court Judge in view of protection of honour of the highest court of justice in India, that it takes suo-moto action in interpreting the Prevention of Insults to National Honour Actin a manner that armed forces areconstrued as part of national honour.

(The article published in daily newspaper “The Statesman” on 2nd July 2017)

Protect Honour of the Armed Forces

92 thoughts on “Protect Honour of the Armed Forces

  1. Yogesh Kapoor

    Fantastic put up, very informative. I wonder why the opposite experts of this sector do not understand this. You must continue your writing. I am confident, you have a huge readers base already.

  2. Ashish Saxena

    Fully agree with you. Anybody who tries to insult and make loose comments against our Armed forces should be charged for sedition under section 124A IPC

  3. Krishna Reddy

    Why is it that only non-BJP politicians condemn acts and actions of armed forces in the country? Only because they want to appease anti-India elements.

  4. Alok Malhotra

    It was so shameful than when a police officer was lynched in Jammu and Kashmir no opposition leader or separatists condemned the act with full force. Was he not an Indian citizen?

  5. Nitin Vitthal

    Only Modi can bring such amendment to the Act. The opposition has made it a point to label BJP as anti-muslim and anti-freedom of expression party, which is false.

  6. Ritika Chaudhury

    Indian army has helped at all times of need, be it 1962, 1965, 1971 or 1999 or even during floods, earthquakes and tsunami. Political leaders criticising them should be locked up in jails.

  7. Manoj Patel

    When we respect our national flag and national anthem then why not respect the true embodiment of our national honour, the army?

  8. Abhishek asthana

    All nationalists today do not want any discussion on misuse of power by ruling BJP, army and even cow vigilantes. This is a time of emergency in India.

  9. Harshal Shinde

    This is another way to silence any opposition to extra-judicial killings by army and misuse of AFSPA. If at all we are a free country with freedom of speech then even armed forces must be under this.

  10. Sajal Dubey

    True. Army personnel stay away from their homes for the protection of all citizens of India. They work under extreme conditions. By blaming them we only bring down their morale.

  11. Divya khanna

    I agree that army, navy, airforce and even central armed police forces must be included in National Honour Act so that all those who criticise their actions should be brought to book.

  12. Prakash sethi

    Why only an offence, why not sedition? Army protects us from terrorism, at times of natural calamities hence they at least deserve some respect from all civilians.

  13. Ayushi Thapliyal

    Nice post. I learn something new and challenging on websites I stumbleupon everyday. It is always interesting to read through content from other authors and practice something from their web sites.

  14. Krunal Yadav

    Excellent goods from you, man. I have understand your stuff previous too and You are just too magnificent.

  15. Pritish saxena

    I was inspired by reading your thoughts. And I shall surely be coming back soon to see more of your work.

  16. Abhishek Rathi

    Let me encourage your attention to details which puts you at the top amongst all the bloggers.

  17. Mukund Kantariya

    I should be leaving this one liner for your hard work. Great knowledge and good command over writing. Long way to go.

  18. Krishna Subramanian

    I do accept as true with all of the ideas you have introduced for your post. They are very convincing and will certainly work.Thank you for the post.

  19. Gokul Prasad

    Way cool. Some extremely valid points. I appreciate you penning this post and the rest of the website is really good.

  20. Mehul Sadavarte

    After checking out a number of the blog articles on your site, I honestly like your technique of blogging.

  21. Roland lamuel

    You are very intelligent. You already know the significance in the case of this matter. You post consider numerous angles of information. Your own stuff is excellent.

  22. Arun Sehrawat

    Congratulations Dr Gupta in the setting up of your attractive, informative and very professional website. Well done.

  23. Devender bhatti

    Hi friends, nice piece of writing and good arguments commented at this place, I am in fact enjoying by these.

  24. Shomik Sarbabidya

    Good day. I am certainly happy I discovered it and I will be book-marking it and checking back frequently.

  25. Ujwal

    You definitely put a fresh spin on a subject that is been discussed for years. Wonderful stuff, just excellent.

  26. Kc Dewangan

    Everyone loves it when individuals come together and share ideas. Great site, continue the good work.

  27. Rishu Ranjan

    Hi there to every one, since I am really eager of reading this weblogs post to be updated daily. It contains fastidious stuff.

  28. Kunal bhatti

    it is very straightforward to find out any topic on net as compared to books, as I found this article at this web site.

  29. K Khanna

    it is actually a nice and helpful piece of information. I am satisfied that you just shared this helpful info with us. Please keep us informed like this.

  30. manoj shankhapal

    I love looking through an article that can make men and women think. Also, thanks for allowing for me to comment.

  31. Sayak Sarkar

    I really appreciate your efforts and I will be waiting for your further write ups thanks once again.

  32. Jitendra Bharati

    Hello very cool website. Man .. Excellent .. Amazing .. I will bookmark your website and take the feeds additionally.I am glad to search out numerous useful information here within the publish, we need work out extra techniques in this regard, thank you for sharing. . . . . .

  33. Mohan Choubey

    Just spent a few very enjoyable minutes looking at the site. Excellent. Well done. Overall very good: clean, easy to navigate, informative and, importantly, interesting.

  34. Rohan malik

    This site definitely has all of the information and facts I needed concerning this subject and did not know who to ask.


    This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your great post. Also, I have shared your web site in my social networks.

  36. Maninder Singh

    This is a very good tip particularly to those fresh to the blogosphere. Short but very accurate info Appreciate your sharing this one. A must read article.

  37. Nishant Bhatia

    Hurrah, that is what I was seeking for, what a material. present here at this web site, thanks Dr gupta for this post.

  38. lokendra raju Rathore

    Hello, I am so happy I found your weblog. I am really appreciating the commitment you put into your site and in depth information you offer. This has been so particularly generous with people like you to supply openly all that most of us would have offered for sale for an e book in order to make some dough on their own, even more so seeing that you could possibly have tried it if you ever decided.

  39. Raghav khanna

    I just want to mention I am all new to weblog and truly savored this blog site. Likely I want to bookmark your blog . You actually have terrific articles. With thanks for sharing with us your web site.

  40. Jeevan reddy

    Thank you for the introduction to the new website. I will be re-visiting it many times, but on a fast run-through it looks really great.

  41. Akhil Malhotra

    Congratulations for all the effort putten in to reach to such explanatory and efficient article.

  42. Tiya Sharma

    Excellent weblog right here. Also your site loads up very fast. I want my website loaded up as quickly as yours lol

  43. Kartik Bhardwaj

    I blog often and I really thank you for your content. This great article has truly peaked my interest. I am going to book mark your website and keep checking for new information about once per week.

  44. Ameya Naik

    I appreciate you finding the time and effort to put this information together. I once again find myself personally spending a significant amount of time both reading and commenting.

  45. T P Choudhary

    An intriguing discussion is definitely worth comment. I do believe that you ought to publish more on this issue, it may not be a taboo matter but typically people do not speak about such topics. To the next. Cheers..

  46. Ankkit Modi

    Ahaa, its pleasant dialogue about this piece of writing at this place at this weblog, I have read all that, so at this time me also commenting here.

  47. Ken Vaidya

    Hello my friend. I wish to say that this article is awesome, nice written and include almost all important infos. I would like to peer extra posts like this .


    Just finished reading your article and wanted to congratulate you on your compelling abilities. Good luck for the future work.

  49. Vikas Ray

    Good day. I just would like to give you a big thumbs up for your excellent information you have right here on this post. I will be coming back to your blog for more soon.

  50. Rajat Bose

    Just wanted to say I love reading through your blog and look forward to all your posts. Carry on the great work.

  51. Sagar gadhvi

    I just want to say I am just all new to blogging and site-building and absolutely enjoyed this web site. Likely I want to bookmark your site . You actually come with amazing writings. Bless you for sharing your web page.

  52. Mohit Thakral

    Remarkable! Its actually remarkable piece of writing, I have got much clear idea on the topic of from this paragraph.|

  53. Pratyush Shrivastava

    I do not even know how I ended up here, however I assumed this publish was great. I do not recognize who you are however certainly you are going to a well-known blogger in the event you are not already. Cheers.


Leave a Reply

Your email address will not be published. Required fields are marked *