Section 19, and the Armed Forces Limitation

In one line

Section 19 provides that in dealing with complaints of violation of human rights by members of the armed forces, the Commission may only seek a report from the Central Government and thereafter either not proceed or make a recommendation, and it may not use its section 13 or section 14 powers at all.

The text

19(1). Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure:

(a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government;

(b) after receipt of the report, it may either not proceed with the complaint or, as the case may be, make its recommendations to that Government.

19(2). The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow.

19(3). The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government.

19(4). The Commission shall provide a copy of the published report to the petitioner or his representative.

What the section takes away

Read against the rest of the Act, section 19 removes almost everything.

No inquiry. The Commission may seek a report; it may not inquire.

No section 13 powers. No summoning, no examination on oath, no discovery, no requisition of records, no commissions, no entry and seizure.

No section 14 investigation. No use of an investigating agency.

No visit under section 12(c). The non-obstante power of visit applies to institutions under the control of the State Government and does not reach military establishments.

And no independent fact-finding of any kind. The Commission's entire knowledge of the incident is what the Central Government chooses to tell it.

The words notwithstanding anything contained in this Act are what achieve this, and quoting them is the shortest way to make the point.

The definition that fixes the reach

Section 2(1)(a): armed forces means the naval, military and air forces and includes any other armed forces of the Union.

The closing words are the significant ones. Any other armed forces of the Union brings in the central armed police forces, which are the forces most often deployed in internal security duties in disturbed areas.

So section 19 covers precisely the forces whose conduct generates the largest number of serious complaints, which is the heart of the objection.

Why the section exists

Two reasons are offered, and both should be stated before the criticism.

Operational necessity. Investigating a military unit's conduct during an operation, summoning serving personnel and seizing operational records is said to interfere with the discharge of duties and with discipline.