IESM: Exploring Legality of OROP

Dear Sir,
It is a very enlightening to read about the legality of OROP. Fortunately, I am no legal person. But listening to Law Luminaries at the Indian Society of International Law since 1998 to this day and off the hall, I have learnt how a law is conceived and how it is framed. It would surprise quite a few.

I have never found a single legal entity having something favourable to say about the Armed Forces at these Seminars. In fact they speak aggressively against Defence Forces. Please check with JAGs who attend at times. They are not even allowed to raise any point. It is only persons like me or RADM VK Malohtra and few other ex-servicemen who take up cudgels for the Armed Forces. Not only that, the Students who come from various Universities for moot courts competitions are fed with ant-services scenarios. It is no different than what happens in schools that we read about in papers. But when officers who were in uniform from US Pacific Command who came for putting their points on explaining the Right to Preemptive Strike, the ISIL were stupmed and were looking for people like me.

Now a days many a prospective legislation are assigned to them for evolving a draft through Seminars, etc., and then put on the Ministry's Website for eliciting public views. Very few of those interested or affected even come to know of it. They make studies of other countries legislation or international documents and write their papers Besides the Indian ones.

They evolve or find the concept and then frame it out with some riders and on known accepted or established legal positions.

But they always keep all powers and benefits reserved for the Government. And even if they do not, the Government rewords them. Sometimes all give and take takes place at the Parliament Committees. Rarely an amendment is accepted in the Parliament.

I have been enlightened that most of the new thinking's in orders are verbatim copies of Judgments in USA or UK, not withstanding the copy rights? The Judges also have the biases. So they do take help of close ones for literally writing their judgments. That includes the Law Commission. Rarely will they go against the Government. If they do, they reserve the Judgment which is to give the Government time to plead their case in private about the extent of repercussions! Simple knowledge of Law is not good enough for putting our case before the Courts.

I would have liked to believe that IESM would have studies done as to how other democracies and countries inimical to us and those in Asia are doing in this regards. Chinese I think are way ahead. Pakistan data theirs may not be accepted. SAARC Countries, EU Countries and USA, even Russia, Australia, Canada, etc., the data should be collected about them. Why only weapons are considered by the think tanks for buying weapons; why not the men behind the guns and how they are treated post retirement. They should be forth coming on this vital aspect too.

Sir, I would like to believe a much wider debate is called for. There must be something at the back of the mind of the Government to deny something which should have been done without allowing things to go this far.

With best regards,
Cdr Prem P Batra IN Retd.

Prudent Quotes- Bureaucrats can twist the Law of the Land out off Shape
Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. ~Louis Dembitz Brandeis

Law is nothing unless close behind it stands a warm living public opinion. ~Wendell Phillips

It is the spirit and not the form of law that keeps justice alive. ~Earl Warren

Many laws as certainly make bad men, as bad men make many laws. ~Walter Savage Landor, Imaginary Conversations

The trouble with the laws these days is that criminals know their rights better than their wrongs. ~Author Unknown