Military Law | What it is & to whom it applies ? How to study it ? | Maj Gen Nilendra Kumar #part 1

[Music] hello friends [Music] at the start of the series on military law lectures in the first session i would like to indicate the contours of this complete series what all it would cover which would give you an adequate idea about the learning outcome from this series uh briefly my introduction my name is major general kumar i was the judge advocate general of indian army from 2001 to 8 and after my retirement in november 2008 then i took over as director of noida based amity law school a position which i held from 2009 to 16 i have written and lectured on military law security jurisprudence human rights etc and while with the amity law school i used to teach professional ethics law poverty and development and the other subjects as and when they came to me and presently i am a visiting faculty at number of universities in india and outside this series of lectures on military law has been divided and would be taken up as part of four different modules what would each module consists would be indicated to you shortly they will bring out the statutory provisions and other rules relating to military law what is the aim of such enactments and also it would be indicated as to how these rules have been interpreted by higher judiciary in their application as and when these matters were brought before the courts of law each lecture how it would be delivered i would like to tell you that it would take about 15 to 20 minutes in duration and each lecture would highlight the object of that presentation what are the applicable statutory provisions how they are in actual practice applied and their relevant case law would also be duly explained to you the subject matter would be explained by different examples to make it helpful to you to explain to you the basic understanding of this topic start with the module number one would cover introduction constitution of india and military law when i say constitution of india this would be in the context of as to what is the relationship of military law uh to the articles of the constitution now this module would cover introduction and special features of military law a couple of sessions would extend to military law lexicon and the special terms which are used which are peculiar to military law would be duly explained to you there are certain fundamental rights that stand restricted you are aware that part three of the constitution of india pertains to fundamental rights now some of these rights have been restricted that would be seen and uh also the relationship between military law and constitutional courts and this relationship obviously would cover the reach and the jurisdiction of special courts over military law and lastly it would deal with military law literature that you need to refer to module 2 would deal with introduction and service conditions introduction to military law what is its layout what are the different chapters what all does it cover then it will move on to what are the conditions of service in this the uh entry aspect to the army whether it is for officers or for person below officer rank would be suitably illustrated the next aspect will be separation from service and disability benefits now the separation from service there are different modes depending upon the rank position and the status of the person concerned for example it may include retirement compulsory retirement resignation discharge release now these terms would be discussed and in case if a person subject to military law when he separates from army has a disease or infirmity injury which entitles him to get a disability benefit that would also be covered and last aspect in this module would be relating to the judge advocate journalist department what is the role of this department size of the department how to enter this department what is their function etc module 3 would relate to offenses and law enforcement we would start with what are the acts and omissions that are characterized as offenses that this is done it would be viewed as an infraction of military law and would amount to an offense leading to a charge before a proper triangle so we will see the offenses duly linked with it will be that how the probe or the investigation process concerning these offenses take place and what all are included in the pre-trial procedure and you are aware that pre-trial means all the actions procedures that are mandatory before the actual start of the trial uh the next part would be the summary trial and summary procedure these are the abridged parts of the trial and these would be covered then there would be court martials different types of court martial types jurisdiction and powers procedures that are followed at trial challenges confirmation and promulgation the aspect relating to dual jurisdiction where a service tribunal as well as the normal courts of the country have jurisdiction over a subject matter or a person and lastly about the armed forces tribunal that is functional from 2008 after it was enacted by the parliament that leaves us with the last module module number four that would relate to human rights and the law of armed conflict human rights would be duly covered in this explained discussed and also the charter and the jurisdiction of national human rights commission uh next aspect very important is uh pertaining to armed forces especial powers act 1958 the human rights elements concerning this legislation and certain uh landmark decisions of the supreme court where a unforces special powers act afspa has been discussed uh moving on to in the next part law of armed conflict where there is a conflict between two states or a state and a non-state actor a group etc and which has led to a few couple of decades back to the setting up of international criminal court would be studied and the case law relating to all these aspects would also be covered in fact the judgments would be covered relating to different topics as we are dealing with them this broad discussion on the contours of this different modules four different modules of this military law series would have perhaps indicated to you that this video series that we have planned on military law it would benefit not only those who are desirous of joining the judge advocate journalist department but also those who wish to otherwise make a carrier in the legal branch of uh paramilitary forces these include assam rifle partners border security force um central industrial security force etc or those who are interested in law practice before court martials or armed forces triagonal or some of you may be interested in joining in international tribunals or perhaps take up a carrier as an author or a reporter on legal issues concerning the defense forces thank you