Contingencies for Grant of War Injury Pension . War Injury Pension is admissible when injury takes place during action under the following contingencies laid down by the Govt of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 January 2001 and 03 February 2011:- Elements of War Injury Pension War Injury Pension comprises two elements,...
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LEGAL RIGHTS OF ARMED FORCES PERSONNEL Legal Resources for Grievances The state has given armed forces personnel the right to make complaints to resolve their grievances. They can request under sections 26 and 27 of the Army Act, 1950 and Airforce Act, 1950 and under section 23 of the Navy Act, 1957. Section 26...
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What is AFSPA The President signed the Armed Forces (Special Powers) Bill into law on September 11, 1958, after it was approved by both Houses of Parliament. As THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 (28 of 1958), it was entered into the Statute Book. It came into effect after amending certain acts i.e WHY...
Read MoreSECURITY FORCE COURT MARTIAL Introduction The security force court is the martial court deal with the matter relating to the offences committed by the members of the armed forces and decide the offence and the extent of punishment awarded to the offender. Mentioned under chapter VI, section 64 – section 81 and procedure under section...
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Introduction The Armed Forces Tribunal is a military tribunal in India that was established on August 8th, 2009. It is a statutory body created under the Armed Forces Tribunal Act of 2007, and it is controlled by the Ministry of Defense. The AFT is responsible for resolving military-related disputes, including service matters and appeals from...
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Introduction In India, the military operates under a strict legal framework to maintain discipline and uphold the values of the armed forces. One crucial aspect of military justice is the court martial, a legal proceeding conducted within the military to address serious offenses committed by its personnel. This article aims to provide a comprehensive overview...
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In the realm of justice and military affairs, the Armed Forces Tribunal stands as a formidable entity, ensuring the balance between discipline and fairness. Let’s delve into the intricacies of this vital institution, shedding light on its significance and functioning. Understanding the Armed Forces Tribunal The Armed Forces Tribunal, a cornerstone of military justice, plays...
Read MoreThe Supreme Court overturned its ruling in Union of India and Others v. Major General Shri Kant Sharma and Others, which said the Armed Forces Tribunal’s orders could not be challenged under Article 226 of India’s Constitution. Section 30 of the Armed Forces Tribunal Act 2007 Whether the right of appeal under Section 30 of...
Read MoreIntroduction: Disability pension is an essential aspect of the Indian Army’s commitment to ensuring the welfare and support of its personnel who have suffered disabilities during their service. It is crucial to understand the legal framework and case laws surrounding disability pensions to ensure that deserving individuals receive adequate compensation and support. This article aims...
Read MoreIn the Indian Army, complaints can be categorized into two main types: statutory complaints and non-statutory complaints. Both types of complaints serve different purposes and follow distinct procedures. Let’s explore each category in detail: The procedure for filing a statutory complaint usually involves the following steps: a. The complainant, who is generally an army personnel,...
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