Indians Joining Foreign Armies: A Rising Concern and Its Implications

Introduction

The recent revelation by India’s Ministry of External Affairs (MEA) that at least 126 Indian citizens have joined the Russian army to participate in the ongoing Russia-Ukraine war has sparked significant debate. This phenomenon raises serious legal, ethical, and diplomatic questions, especially given India’s neutral stance on the conflict. This article explores the motivations behind such decisions, the legal ramifications, and the broader geopolitical consequences.


Motivations Behind Joining Foreign Armies

  1. Economic Incentives:
    • Many individuals who enlist in foreign militaries are driven by economic hardship and the promise of financial stability. Foreign armies, particularly during active conflicts, often offer attractive compensation packages to volunteers.
  2. Ideological Alignment:
    • Some individuals may feel a deep personal connection or ideological alignment with one side in the conflict. For instance, they may perceive the conflict as a moral or cultural cause worth supporting.
  3. Recruitment Networks:
    • Reports suggest that online platforms and social media are increasingly being used to recruit foreign nationals for military service. These channels often target vulnerable individuals through propaganda and false promises.
  4. Adventure and Prestige:
    • For some, joining a foreign military represents an opportunity for adventure, recognition, or prestige that may not be achievable in their home country.

Legal Implications

  1. Violation of the Foreign Enlistment Act (1870):
    • Indian law prohibits citizens from serving in foreign militaries without government authorization. Violators may face prosecution, fines, and imprisonment upon returning to India.
  2. International Legal Concerns:
    • Participation in conflicts could place individuals at risk of violating international humanitarian laws, particularly if they become involved in war crimes or activities targeting civilians.
  3. Citizenship Risks:
    • Serving in a foreign military might jeopardize the citizenship status of individuals, depending on the laws of their home country and the host nation.

Diplomatic and Geopolitical Consequences

  1. India’s Neutrality Compromised:
    • India has maintained a neutral stance on the Russia-Ukraine war, advocating for diplomacy and dialogue. The involvement of Indian nationals in the conflict could undermine this neutrality and strain relations with Ukraine and its allies.
  2. Strained Relations with Western Nations:
    • Western countries and organizations like NATO may perceive the participation of Indian citizens in Russia’s military as indirect support for Moscow, potentially leading to diplomatic pressures on New Delhi.
  3. Impact on Bilateral Ties:
    • Ukraine, which has historically had positive relations with India, could view the actions of these individuals as hostile, affecting bilateral trade, cooperation, and goodwill.

Government’s Preventive Measures

  1. Public Awareness Campaigns:
    • The Indian government has issued advisories warning citizens against enlisting in foreign militaries and highlighting the legal consequences.
  2. Monitoring Recruitment Channels:
    • Intelligence agencies and cybercrime units are actively working to identify and dismantle online recruitment networks operating within India.
  3. Rehabilitation and Reintegration:
    • For individuals who return, the government may consider programs for legal oversight, counseling, and community reintegration to prevent recidivism and ensure national security.

Ethical and Social Challenges

  1. Impact on Families:
    • Families of individuals who join foreign militaries often face significant stigma, emotional distress, and financial burdens.
  2. Polarized Public Opinion:
    • Public perceptions of these individuals can vary widely. While some may view them as adventurers or ideologically driven, others see them as lawbreakers undermining India’s international image.

Broader Context and Global Trends

  1. The Foreign Fighter Phenomenon:
    • The recruitment of foreign nationals is not unique to this conflict. Similar trends have been observed in the Syrian Civil War, the fight against ISIS, and other international conflicts.
  2. Global Recruitment Networks:
    • Recruitment for foreign conflicts often relies on social media, targeted propaganda, and financial incentives, making it a complex issue to address globally.

Conclusion

The involvement of Indian nationals in foreign conflicts like the Russia-Ukraine war underscores the need for robust legal frameworks, effective government intervention, and international cooperation to address this issue. While individual motivations may vary, their actions carry far-reaching implications for India’s legal, diplomatic, and social landscape.

As the global community grapples with the challenges posed by foreign fighters, India must remain vigilant and proactive in safeguarding its neutrality and international standing.

NIMHANS Advisory on Child Abuse

Dear friends,

You may be a parent, an employee or an employer. It is very much important that we are aware how to tackle situations like Child Abuse, if it happens around us.

Child Abuse
Child Abuse

Here are some guidelines by NIMHANS Bangalore.

National Institute of Mental Health And Neuro-Sciences has sent an advisory to schools, parents, police and media to enable them to deal with a case of child sex abuse, in the right way.

Many a times, schools and parents do not know how to deal with Child Sexual Abuse (CSA). The result is delayed complaints / no complaints, destruction of concrete evidence unknowingly, not caring for the identity and dignity of the child enough, insensitive media coverage etc., which come in the way of delivering justice and to the traumatised child and family and getting their life back on track.

National Institute of Mental Health And Neuro-Sciences (NIMHANS) has prepared an advisory which has many important points to be taken care of by everyone.

Need for a child-centric response to CSA

The continual reporting of child sexual abuse (CSA) by media, in the context of many recent events raises the challenge of how to tackle the national menace of this ‘silent violent epidemic’. A critical aspect of child protection, also a child public health issue, CSA warrants systemic approaches that are uncompromisingly child-centric.

Part of this has to do with preventive programs in schools and other childcare agencies. Focus on prevention has the potential to reduce sexual victimization and even sexual offences in the general population. However, when an event occurs, it is addressed by systems of criminal justice, police, schools, families, and healthcare, which generate a flurry of incoherent activity, albeit in good faith, thereby compromising the child’s best interests.

The major emphasis of these activities are directed towards the child ‘victim’ through enquiry, interrogation and intrusive detailing of the event to verify it and then bring the perpetrator to book. The balance between the need for justice and empowered rehabilitation of the child becomes precarious. There is thus an urgent need to develop a protocol-based systemic response ensuring that the child’s agenda i.e. healing and recovery, is at the core of it.

Over the past year, the Department of Child & Adolescent Psychiatry at NIMHANS has received several children with CSA issues. When they come for help, they are extremely overwhelmed after visits to the Child Welfare Committee, police station, the hospital; by then, the child has been subjected to questioning on multiple occasions and therefore to re-traumatization.

There are many areas which have to be systematically addressed namely, the child’s reaction to the abuse, ensuring the child’s immediate safety, medical and mental health needs of the child, the concerns of the family, including social stigma. On the other hand, there is a sense of urgency to in legal procedures. Towards this, there is an understandable emphasis by the police on evidence and enquiry processes and related pressure from media and civil society, raising questions on the timely nature and effectiveness of these processes.

What a child-centric response entails:

Based on our experience, NIMHANS believes that planned, protocol-based, comprehensive and sensitive care should be provided at all stages of intervention to victimized children. The primary goal is to create a system of investigation which is child friendly and in accordance with principles of child rights and protection.

Where can families go for help?

  • Protection of Children from Sexual Offences Act 2013 (POCSO) mandates that the child be provided with emergency medical services (EMS) within 24 hours of filing the FIR. EMS are provided by state Registered Medical Practitioners (RMP) in government hospitals (Vani Vilas and Indira Gandhi Institute of Child health) and only in absence of such an agency should the child be referred to other sectors. Where the Special Juvenile Police Units (SJPU) work in collaboration with government hospitals, the detailed enquiry can be completed in one sitting rather than the child being interviewed multiple times.

  • Once the medical examination is done and there is medical evidence, what the Dept. of Child & Adolescent Psychiatry, NIMHANS can offer is combined therapeutic and forensic interviewing to assist both the healing of the child and the necessary justice processes. This interviewing is done based on existing international protocols which are child-sensitive and can stand the scrutiny of court procedures.

In children with symptoms, we work through trauma by encouraging expression of feelings regarding the abuse, validating experiences, and teaching personal safety. In very young children, this is done through art and play work. We offer social interventions in order to help the family cope with the consequences of abuse, also facilitating liaison with the Child Welfare Committee (CWC), Centre for Child and Law (CCL) and legal aid services as necessary.  

  • It is important for parents to not ignore or undermine a child’s statements and innocuous remarks. When in doubt it would be prudent to corroborate the information from various sources. An open, supportive stance, assuming a position that child is right would be helpful to facilitate further disclosure on abuse. It would be judicious to err on the side of caution especially in face of long term consequences of CSA. It is also important not to blame the child. The support given by the parent helps in facilitating better healing of the victimized child.

School’s response

Preventive workshops, personal safety workshop, life skills education can help as preventive strategies. However, when an incident takes place the system should have a clear protocol for response. This protocol should entail the following:

  • Whether the CSA incident occurs within or outside the school premises, by school staff or others, especially if a child reports to anyone in the school, the school’s position must be one of acknowledgement and involvement.

  • Every school must have a pre-set response plan which should include:

    • An identified person (known to the children) who can respond in a sensitive and gentle manner to alleged instances of abuse reported by the child.

    • A next-level reporting authority (such as the principal) who will inform the parents.

    • The school should guide and make available to parents the first level medical and other facilities to seek assistance (described above).

  • Unless the school has a trained counselor or CSA expert, it should not attempt to interrogate the child. This needs to be done by trained experts, preferably in child mental health agencies such as NIMHANS or accredited comprehensive child response units.

  • The school needs to take a proactive stance with the concerned parents and other parents. They may also need to be alert to the impact on other children and get appropriate experts to do de-briefing as necessary.

  • Furthermore, preparation needs to be made to receive the child back to the school in natural and non-stigmatizing ways so that the child re-integrates comfortably.

Police involvement

  • In the immediate aftermath of trauma, when there is non-availability of a trained person within the police forces for sensitive interviewing of the child, they need to refer to an expert in agencies such as NIMHANS, where forensic interview protocols are followed in the context of  healing interventions.

  • Police need to be cognizant that interview processes involving children cannot be hastened as it can exacerbate the trauma and be detrimental to the child’s well-being. For instance, taking a child back to the scene of crime and asking him/her to explain/demonstrate what happened, causes the child to relive the trauma and could interfere with recovery; also, such pressure on the child is less likely to elicit accurate information.

  • They need to understand that there are robust acceptable methods of gathering forensic evidence to meet the immediate legal ends.

Media – good practice

Media should be proactive in responding to crisis in ways that instill hope and confidence in the public versus fueling cynicism as the latter may only serve to increase the child’s trauma, and the family’s fears of social stigma.

  • The media must protect the identity and privacy of the child. This includes allowing and enabling the family to pursue due medical and legal processes without heightening their trauma by repeated and sometimes intrusive queries.

  • It would be helpful for the media, at the time of query/ reporting, to assist the family with information about where medical, mental health and legal, paralegal services is available.

  • Reporting on CSA could emphasize systems and treatments available for assistance, and strongly present the child’s entitlement to healing. This can be done by providing an on-going feedback about recovery and rehabilitation of the child.

Contact:

Dept. of Child & Adolescent Psychiatry, NIMHANS

E-mail: cpcnimhans@gmail.com; capnimhans@gmail.com

Telephone: 080-26995576; 26995351

VIBGYOR – POCSO ACT 2012

Dear friends,

following the incident at VIBGYOR Bangalore, its Charmain has been arrested. Here is a news article which talks about POSCO ACT and we all should know about it. I am copy pasting the content from 

http://bangalore.citizenmatters.in/articles/vibgyor-rustum-kerawala-arrested-bangalore-rape-case-posco

He has been booked under section 23 of Juvenile Justice Act for cruelty to the child, section 21 of the Prevention Of Children from Sexual Offences act (POCSO) act for not reporting rape to police, and section 201 of IPC for destroying evidence.

This means that Rustum Kerawala might face imprisonment upto seven years for destroying evidence of rape, if he is convicted. It also means that he will face imprisonment upto six months and/or fine, for wilfully neglecting the child and causing physical / mental harassment, and for not reporting rape to police or Child Welfare Committee.

“We are probing other staff members as part of investigations. We are trying to normalise the situation, and reopen the school on next Monday,” said Reddi. He added that all such cases should immediately be brought into the notice of the police.

When Citizen Matters asked whether there was enough forensic evidence in case of Mustafa, M N Reddi said, “We cannot reveal that.” When asked why is it taking so much time to arrest the second accused, Reddi said it was because it was a heinous crime and needs enough evidence.

Charges against Vigyor chairman under POSCO act

Section 21(2) of the POSCO law goes into offence comitted by heads of institutions such as the specific case of Vibgyor High School.

Any person, being in-charge of any company or an institution (by whatever name called) fails to report the commission of an offence in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.  21(2)

Bangalore police have arrested Rustum Kerawala under Section 21, in addition to other IPC codes.

POCSO section 19 and 20 refer to rules regarding intimating the police, and punishment for the offence of not intimating.

Any person whether a parent, doctor, school personnel, who has any knowledge, or even apprehension of the fact that a sexual offence has been committed must notify the Special Juvenile Police Unit or the local police.” — 19(1)

Any person, who fails to report an offence or who fails to record such an offence (in this case it is the police unit who are suppose to record the case) shall be punished with imprisonment which may extend to six months or with fine or with both. — 20(1)

The POSCO Act is a special law, which has not specified which offences are cognizable. Therefore to determine which of the POCSO Act offences are cognizable and non-bailable, reliance must be placed exclusively on Part II (Classification Of Offences Against Other Laws), First Schedule of the Code of Criminal Procedure, 1973.

Whenever the punishment is less than three years of imprisonment, the offence would be non-cognizable and bailable. Any higher term of imprisonment beginning from three years and above would make such offence cognizable and non-bailable. Hence all sections are cognizable, with the exception of section 21 and 22 which are non cognizable and bailable offences.

What do other charges mean?

Police have slapped addition charges on Kerawala as part of his arrest, Section 23 of the Juvenile Justice law  and Section 201 of the IPC.

The charge on the juvenile justice law has to do neglect or wilful abandonment of the child likely to cause mental or physical suffering. The charge on IPC 201 is grave and has to do with destruction of evidence.

Section 201 in The Indian Penal Code

201. Causing disappearance of evidence of offence, or giving false information to screen offender — Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offend­er from legal punishment, or with that intention gives any infor­mation respecting the offence which he knows or believes to be false; if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life.—and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprison­ment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extend­ing to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment pro­vided for the offence, or with fine, or with both.

Example: Suppose A, knowing that B has raped the child, destroys the evidence of rape. If B is sentenced with life or death, A will get imprisonment upto seven years and a fine. If B is sentenced with imprisonment upto 10 years, A would get imprisonment upto three years and the fine. If A is sentenced for any period less than 10 years, B would get one-fourth of that sentence and fine.

Section 23 in The Juvenile Justice (Care and Protection of Children) Act, 2000

23. Punishment for cruelty to juvenile or child.— Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.