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Jai's avatar

There should be no doubt in anyone's mind (including the minds of the senior officers who defended the Tenga incident that taking the law into one's own hands is wrong. Should the Armed Forces officers or troops who do so in cases where there is a (perceived) wrong inflicted upon one of their comrades-in-arms be punished? Of course they should be penalized. No one would dispute that.

Does it damage the image of The Army? Probably yes ... but it probably also sometimes calls out the injustice of the law enforcement system. That is a nuanced question for which no generic answer can be provided. One on which a position can only be taken on a case-to-case basis.

Should they be severely punished in the same manner as the law deals with the common man?

Ah now that is a different question indeed!

The purpose of punishment under the law is two -fold:

(a) Punish the offender so that he doesn't repeat the offence.

(b) Serve as a deterrent from taking the law into their own hands for the general population.

Here the offenders in question are members of a highly disciplined and respected organization - the Indian Armed Forces. The offence has most likely not been perpetrated in any selfish cause but rather out of an (however misplaced) notion of organisational pride having been hurt. More often than not there is some significant provocation that has triggered the reaction.They aren't common criminals who would be emboldened to repeat the offence due to the lack of punishment. Lastly, they would most certainly be punished within the confines of a military milieu - probably more severely than the civilian penall code would do. The Tenga CO certainly wasn't let off scot-free. He had to face severe consequences. It is only in public that the senior officers stood up for him. So the first purpose of the penal code i.e. deterring the offender is adequately addressed even if the civilian police let's off the offenders with a light rap on the wrist.

Coming to the second purpose of penalty i.e. deterring the general populace from taking the law into their own hands, there is hardly any danger of that even if armed forces offenders aren't charged under the riot act. Everyone understands the special status of Armed Forces personnel and nary a civilian would imagine that he would be afforded the same leeway of being let off lightly offender is (in the public eye).

That is the reason why even senior police and civilian administration officers take a very different view of mob actions by armed forces personnel.

In no way am I condoning or encouraging such actions. They are wrong and there are no two ways about that. I was only speaking about the aftermath of such incidents.

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