memorundum of demands_-_final_28_march[1]

Indian Veterans for Democracy (IVD) ( A Political Front of Retired Military Soldiers)

We have served democratic India with our blood, now we will live for democracy

Veterans have a political stake in the democracy and will exert and exercise it

M/VFD/03 28 Mar 2012

MEMORUNDUM

DEMANDS OF RETIRED OFFICERS AND SOLDIERS OF ARMED FORCES AND WAR WIDOWS

State has been denying the constitutional rights as assured under Articles 14 (Equality before law),

15 (1) (Prohibition of discrimination) and 16 (1) (Equality of opportunity in matters of public

employment) of our constitution to the retired officers, soldiers and war widows (veterans) of our

armed forces. As the constitutional rights of the serving officers and soldiers to form a union or

association have been debarred they feel constrained to put across their genuine grievances to the

govt. The offices of chiefs of Army, Naval and Air are in no position either to aggressively pursue

these grievances with the Govt. The newly created Dept of welfare (not-resettlement) of ex-

servicemen in MOD doesn’t have statutory sanctions or authority to address these issues. In fact, in

three lists of Schedule VII of our constitution and the govt of India business rules the subject of

Resettlement and welfare of soldiers and war widows is not even mentioned. There is no separate

standing committee of parliament, commission or dedicated ministry (as is the norm in most of the

democracies) to take up the burning issues affecting almost 3 crores citizens of our country. Finding

no way out, ex-servicemen has taken this new initiative of forming an independent political front

without any affiliation to any political party and ideology (except constitution) to highlight their

plights directly at a political level to prevent their exploitation, discrimination and denial of

constitutional rights by the state.

This memorandum of demands of retired officers, soldiers and war widows therefore is submitted

herewith for grant of justice to them. We feel that the problem needs a political attention at the

highest levels to address the grievances. It may be appreciated that rising awareness led frustration

among the ex-servicemen is not a healthy sign for the progress of our nation. The fact is that these

people can be meaningfully re-employed by the state for nation building. Towards this end the

demands of ex-servicemen and war widows are given in the succeeding paragraphs. Some more

demands to bring administrative and legal justice reforms are submitted as the same are related to

the security and safety of the country which has a direct bearing on the lives of the ex-servicemen

either as reservist or otherwise as citizens.

1. Assured Job Security and employement opportunties up to 60 years of age. As brought out

above as per our constitution, it is the responsibility of the state to treat its all employee fairly

and without any discrimination. Almost 60000 officers and soldiers retire every year. They do




not have assured job or employment security. Unlike civil govt employees who retire at the age

of 60 years with assured job security, officers and soldiers of armed forces due to the nature of

job are made to retire at a very young age with 50% or fewer pensions or no pension in case of

Short Service Commissioned and women officers. At a very young age when the children are

grown up and the responsibilities and requirement of money are increasing, they are dumped by

the govt without any care to fend for themselves. Comparing a civil govt employee due to early

compulsive retirement, a soldier gets 2-3 times lesser monetary intakes and lesser pension in his

entire life span. The act of govt if seen in the backdrop of guarantee of certain constitutional

rights as mentioned above amounts to discrimination, exploitation and denial of rights of ex-

servicemen and war widows. We demand that such discrimination and exploitation of officers

and soldiers by the state shall cease and they should be:

a. Assured job security in accordance with their skills and experience up to 60 years of age

like any other civil govt employee and if not given job than

b. Incentivise employment opportunities outside govt in private and public sector and help

them to start their own business by capacity building in more meaningful way. Some of

the incentive schemes as proposed are as attached with this memorandum as annexure

1.

2. Assure Jobs to dependent of officers and soldiers in case of death while in service. If a civil govt

employee dies while in service, their one of the dependent is given assured job by the govt. The

same privilege is not extended to the officers and soldiers of the armed forces. This act of govt, if

seen in the backdrop of guarantee of certain rights in our constitution also amounts to

discrimination, exploitation and denial of rights. We submit that such discrimination and

exploitation of officers, soldiers and war widows by the state shall cease and their one of the

dependent should be assured job in any of the Govt Department, in case the officer or the

soldier dies while in service. In case the dependent is not in position to take up job then he shall

be given an assured offer of opportunities in form of incentives as explained above.

3. Assured Job Security to Short Serives and woman officer as per their position and length of

service. When the provisions of short service commissioned officers along with emergency

commissioned officers were made, in principle it was decided that these officers will be

absorbed in other Govt Jobs once they leave armed forces. Accordingly provisions were made in

all India Civil Services Acts and Rules. But over a period of time such provisions were diluted and

new provisions were made to give them entry through state services without any compensation

of length of service for which he has served in the armed forces. This dilution is an act of gross

injustice. These officers who are commissioned (no other officers of the state are commissioned)

and class 1 gazetted officer should not be given entry at lower positions. Worldwide the concept

is to take such officers in civil services to not only to assure them the jobs but also to improve

the work culture of civil services. It is submitted that such discrimination, humiliation and

exploitation of officers by the state shall be stopped and willing officers be absorbed in civil




services ( IAS, IPS and equivalent) as class 1 Gazetted officers giving them due seniority as per

the length of service for which they have served in armed forces.

4. Bring resettlement of Officers and Soldiers Act and Rule and also bring the subject in

concurrent list of VII Schedule of the Constituion At the moment there are no parliamentary

provisions in terms of acts and rules to assure job or employment guarantees to retired officers

and soldiers. The subject is not even mentioned in any list of schedule VII of the constitution.

The functioning of department of re-settlement and welfare is purely an administrative

arrangement with no powers to assure or protect the rights of the officer and soldiers. World

over such acts and rules exist. In fact in USA and UK, there are dedicated ministry functioning

with a proper act and rules in place. Unless such provisions are made the rights of the officer and

soldiers cannot be protected. As we have a written constitution there is also a need to include

this subject under concurrent list of VIIth schedules so that along with central govts, state govts

also become responsible. It will also make the absorption of officers and soldiers into state jobs

possible. We therefore demand that subject of resettlement and welfare of officers and soldiers

be included in concurrent list of the constitution and accordingly an act and rule be passed to

protect their rights. A subject ministry or a commission (like OBC or minority) can be created at

central and state levels both as the present Sainik Kalyan Boards do not have required statutory

sanctions or powers. A standing parliamentary committee also be formed on the subject to

allow veterans and even serving soldiers to directly approach them on any of their grievances.

5. Pass All India Defence Services Acts and Rules In terms of Articles 309-313 of the constitution;

promulgate ‘All India Defence Services Acts and Rules’ on the lines of Civil Services Acts and Rules.

Presently these provisions are in form of regulation (DSR) which has been issued by the ministry of

Defence and leave lots of scope for misinterpretation, short term policies and frequent changes causing

sufferings. Such sensitive issues need to be put in form of Acts and Rules in terms of Article 309 to 313 of

our constitution with proper parliament sanctions. The acts and rules shall contain suitable provision for

lateral absorption of regular officers of the armed forces in Civil Services, public sector, various bodies,

corporations and committees.

6. Separate Pay Commission and One Rank One Pension. The service conditions and nature of job of the

armed forces are very difficult and different. They are required to serve in hostile and remote area for

prolonged period and during time of war and other actions they are expected to risk their lives till death

to ensure victory over enemy. Their certain fundamental rights are curtailed and they are governed under

separate Armed Forces Acts and Rules which have provisions of summary trials and Court Martials. World

over the established concept is that a person shall be paid as per profile of his job. All across the world in

democracies armed forces have separate pay commission which is so logical. Even in India before third

pay commission, Armed Forces had separate pay structures. Therefore Govt shall bring a separate pay

commission for armed forces and also give pension based on the principle of “One Rank One Pension”.

7. Protect Human Rights of the Soldiers and War Widows. Thousands of soldiers have been murdered by

the terrorists/enemies while serving in counter insurgency operation. The primary job of the armed forces

is to wage successful wars to protect or further the interests of the country. These wars are fought under

no law of the land but under international conventions. Using armed forces for CI operations against own

citizens in itself, is fraught with so many risks specially so when the armed forces are legally required to

carry out operations under police (only part of executive powers of police has been transferred to the




armed forces under armed forces special powers act and no special provisions have been made to carry

out speedy investigations, prosecution and grant of justice by the state). Nevertheless worst is when so

many thousands soldiers have been murdered on duty by the terrorists, no legal actions are being taken

against them. Not even FIRs are being registered. It amounts to gross violation of human rights of soldiers

by none other but the state which they serve. On one side the state is failing to protect the human rights

of soldiers and punish terrorists but on the other side the state is very enthusiastic and eager to punish

those officer and soldiers who while working in good faith make certain judgmental errors and are

punished for human right violation. The situation is that thousands of officers and soldiers have been

punished including in jail for human right violations whereas no terrorist in such areas have been punished

for waging war against state and also murdering the officers and soldiers. The state is failing in its duty to

grant justice and appears to be working against its own armed forces. Veterans For Democracy demands

that such repressive attitude of the state shall be stopped and terrorists be brought to book as per law of

the land and punished under the provisions of sec 302, sections of waging war against state as given in IPC

to give justice to the families of the soldiers who have been killed in such operations.

8. Need for administrative reforms to bring efficiency. Please note that over of period of time civil

services officers have successfully managed to change the policies in their favour damaging the

genuine administrative requirements. British Indian Govt never allowed any ICS officer less than

15-16 years of service to be a collector. The administration of the district is very critical for

providing fair and efficient governance to the people. Today administration is at the verge of

collapse due to these vested manipulations where in one finds that a constable, sub inspector or

a state officers join and retires in the same rank or some more ranks where as an IAS officer is

assured 6-7 promotions on fast track basis thereby creating a situation of frustration in the

governing machinery at the level where the peoples contact is maximum and at the district

administration leadership level (collector and SP) the required leadership, maturity and

experience is missing. The same frustration and inefficient decision making is then passed on to

the people as poor services thereby leading to a situation of insurgency. And worst for even little

lapses political leadership has to do the damage control or suffer whereas officers serving and

responsible for such lapses go scot free. To serve people we need motivated administrative

machinery especially at a level where the people contact and service delivery is maximum.

World over the concept has been to promote people with grass root level experience to the top

positions to have better and sensitive governance. The present structuring of govt cadres into 4

classes (Class 1, 2, 3 and 4 exist) and then having direct entries in all four is a colonial system

created to serve the British masters. India doesn’t need this system anymore. The entries should

be at two levels of working and managerial levels with equal promotion opportunities for all. For

senior positions, suitable selection procedures be adopted with provisions to have people even

from private sector with suitable experience to join the govt. Veterans shall be accordingly

provided an opportunity to join such govt jobs too. The same is the practice worldwide to have

such people responsive structure then why this exception only in India?

9. Urgent Judicial reforms to strengthen administration of justice. The state owns the responsibility to

administer justice in timely and affordable manner. The corruption in judicial system (police, state

persecution structure and courts) and delay in justice (decades of litigation) are two biggest hurdles for

the state to fulfil its commitment to the people. The rot in judicial system is so much that it is threatening




the very fundamental of our state leading to frustration among people. Our soldiers and veterans who

defend our democracy also become victim of the same system leading to weakening of their will to fight

and die for the unjust system. Please remember that the no soldier will ever risk his life to defend a

corrupt and inefficient system. Even small amount of such feeling is damaging to their moral. They fight

enemies and die as they carry pride in themselves and the nation and they have a just cause in hand to

fight. The state and parliament need to work on urgent reforms to strengthen the administration of justice

to its peoples, soldiers and veterans. There is also a need to have an independent accountability act and

rules with provisions of giving 3-6 times higher punishments to the people holding offices on oath or

allegiance including in the cases of corruption.

10. Need to strengthen the parliamentary democracy. Political feudalism, corruption and weakening hold of

parliament over the state executive are cause of great concern. The basic structure of our democracy is

based on parliamentary supremacy. Somehow this constitutional structure is under the risk of being held

hostage by extra-constitutional authorities or players. The risk is so high that if it is allowed to continue for

longer periods it will undermine the parliamentary democracy totally. The situation is cause of great

concern to the veterans who served on oath to defend constitution and also carry reserve liability to

defend it. There is therefore an urgent need to strengthen parliamentary democracy by making state

executive more responsible to it, scrap procedure of party whips and also to ensure that only those parties

who have fair internal democracy (no nominations), committed to the constitution, have fair source of

funding, internal audit and clean candidates with proven records shall only be allowed to take part in

elections. Political corruption is biggest threat to existence of our nation. History is witness to this

testimony. India, especially when the world is passing through such a sensitive phase and likely to face

serious energy crisis leading to many nations crippling, is at the risk of being kept hostage and being

controlled through such corrupt political leaders by foreign powers or criminals like Dawood. Can we

really afford it? Shall we allow it? Veterans for Democracy demand immediate counter actions to get over

such threats to strengthen our democracy.

11. Inclusion of war provisions in Constitution and also Parliament to have control over it. The state

executive is accountable to the parliament on all subjects. Unfortunately, our parliament doesn’t not have

any direct control over a sensitive issue like wars. What a strange gap? Though the parliament is required

to pass all financial bills but has no control over govt taking nation to war which can not only in fact

threaten very existence of this country but also create financial burden, property damages and loss of lives

amounting to billions? Further under existing colonial provisions a DM can call for army but parliament

has no right to question the state executive for the commitment of armed forces in internal security duties

except raising debates. Indian Constitutions need suitable amendments for inclusion of necessary

provisions for war and commitment of armed forces in internal security duties.

All above demands by retired officers and soldiers are justified and are being raised to strengthen democracy.

The state till now has been exploiting them and denying them their due rights. Such a huge skilled men power

resource needs to be utilised by the state in more productive manner. Serving the nation by taking the risk of

sacrificing one’s life for the nations and that also with so many restrictions on the one’s fundamental rights is

not an easy call. These are the citizens who provide un-compensable service to the nation. It is the duty of

state to suitably re-settle these warriors with required welfare input in civil life to assist them for leading a

respectable life. It will also then encourage others to take a call to serve nation. It is an ultimate service which

any citizen may offer to the nation. The career in armed forces rightly so has been considered as service and

not the job.




The issue of good governance and administration of state as per our constitution is equally a cause of concern

to soldiers. Soldier like freedom fighters have been giving and risking their lives to defend Indian democracy.

Soldiers have served and strengthened it with their blood. They are soldiers of democracy fully committed and

loyal to it. Veterans have a political stake in this democracy. Their will to fight hinges on to their belief of the

state executive and parliament giving nation good and just governance. Inefficiency, corruption, and unjust

system weaken their belief and will to fight. It is a universal truth and has to be taken note of. The empire of

Nanda collapsed without giving any meaningful fight to the armies of Chandra Gupta Mourya under Chanakya

as it was infested with corruption and inefficiency. India has had a long history of foreign rules. Can India

afford to take a single chance to expose her to have similar situation? It is a question which worries veterans

too. The frustration among the people is on rise. State needs to take care of it before it comes out as an

explosion or foreign powers take advantage of it. Veterans have political stakes in the democracy and freedom

as they serve it with their blood.

The above demands therefore are submitted in form of this memorandum with a request to objectively

consider and implement them as early as possible to give justice to aggrieved retired officers and soldiers and

also strengthen our democracy, governance, judicial system and administration with a hope that the

government and our parliament shall be sensitive enough to take note of it for corrective measures and not

force veterans to take path for struggle on street. Let the good sense prevail for the nation and democracy.

Long live nation long live democracy.

Thanking you with an anticipated positive response to our demands.

Regards

Colonel Ashok Kumar Singh

Convener

Veterans for Democracy

D-249, Sect P3

Greater Noida, UP

201310

Mob; +9711390413

E mail: [email protected]

mailto:[email protected]




Annexure 1

( to memorundm of demands of

retired officers, soldiers

and war widows)

Demand for Incentives for Generation of Employment Oppotunties and Other Services and Faculties

for Veterans and War Widows in Public and Private Sectors

1. As a very large number of officers and soldiers retire from services therefore it may not be

possible for the state (both central and state) to give them lateral absorption in respective govt

jobs. As also many of such officer or soldiers may not be keen in taking up another govt job to

stay with their families or cities or his or her native place.

2. In such situations the govt shall incentivise their employment in corporate and public sector as

under:

a. Create suitable amendments in company laws to encourage them for taking retired

army personnel’s as independent directors. Suitable training be organised to develop

required skill.

b. Incentivise companies bidding in govt tenders to form consortium/ JV with the

companies owned by retired military personals.

c. Provide relaxations to the companies owned by retired military personals in terms of

lowered experience, turn overs, security and performance guarantees.

d. Provide easy business loans up to 30 Crores to retired military personals to start their

own business. The JV shall be permitted.

e. Bring changes in procurement policies of the govt to reserve 10% procurements from

the companies owned by retired military personals. The JVs/ Consortium shall be

permitted.

f. Reserve 10% business licences in sectors like bus permits, liquor, public distribution

shops, canteen and any services outlets, import/ export of restricted items ( like liquor),

train luggage coaches and likewise to the companies owned by retired military

personals.




g. Provide full time regular and complete training and education in reputed institution in

India and abroad with govt funding to eligible personals before retirement at total

government expense so that they can take up job in private sectors.

h. Amend PESB selection procedure to allow retired officers to apply to the vacancies

published by them with relaxed criteria. Do no equate their ranks with other civil

servants but length of service and service profile.

i. All military held ventures be IT free for first 7 years from the start of the date of the project or 12

years from the date of retirements.

3. Provide incentives to PSUs and corporates to encourage them to give employment to military veterans.

Certain appointments in certain sensitive areas like telcom, transport, highways and defence industries by

law to be occupied by ex-defence staff.

4. Create veterans and war widow homes all across country for those who are left alone and helpless.

5. Reserve residential plots/homes for retired military personals and war widows. The cost of plots or homes

to war widows be subsidised by 70%.

6. Free education and coaching up to or for any professional course of war widows to be totally free and for

other retired and serving officers and soldiers be subsidised by 60%.

7. Reserve 7% seats in all professional colleges and schools for the direct dependents of war widows and

serving and retired officer and soldiers.

8. No officer rank in military to be considered under creamy layer for reservation under SC/ST, OBC and

minority. Such provisions will encourage citizens from these socially backward castes and classes to join

military as officers.

9. The travel incentives by air, rail and road to continue to be applicable to retired military officers and

soldiers as these are applicable to serving.

memorundum of demands_-_final_28_march[1]

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