Judge Advocate General's Department

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JUDGE ADVOCATE GENERAL'S DEPARTMENT

The Judge Advocate General's (JAG) Department is the judicial arm of the Indian Army, with its origin dating back to the East India Company days. The department was raised on 21 December 1983 and the day has a special significance to the departmental fraternity, since it is reminiscent of the day when the Army Act Bill was introduced in Parliament. The department acts as a sentinel for dispensation of justice to the rank and file in the Army. This task is earnestly undertaken by the department to ensure prevalence of Rule of Law. The need for highest standards of discipline in the Services, dictates enforcement of comparative stricter penal laws notwithstanding the vagaries of trying service conditions. The availability of civil rights and service privilegesto the service personnel disseminated by the department acts as a counter balancing force. It is against this backdrop that the department has been called upon to vigorously pursue the case for establishment of an armed forces tribunal. The tribunal will act as an appellate forum for the service personnel with the jurisdiction in courts martial matters and issues of grievances concerning service conditions. The case is in its advance stage of finalization with Ministry of Defence (MoD).

The department has been doing yeoman's service in the army by rendering impartial and timely advice to Commanders at all levels to facilitate counter terrorism operations in a legal and justified manner besides adherence to human rights norms. The officers of the department have been involved in rendering legal advice to the Commanders in UN peacekeeping operations and imparting legal training to the Armed Forces of a number of foreign countries. The department has taken note of the changing concepts of the operational laws and has geared itself to meet the new challenges arising due to complex criminal offences. To equip the officers with the requisite expertise, they have been trained in laws relating to forensic science, white collar crime and international law of military operations. The practice of holding weekly law clinics has been introduced to discuss the issues relating to security jurisprudence and litigation management. The officers of the department are actively involved in dissemination of military legal knowledge to the environment by running courses at Institute of Military Law, Kamptee and thereby producing military paralegals. Protection of Human Rights, International Law and Laws of Armed Conflict are the essential part of curricula. Steps have been taken to obtain high standard professional participation for published work in Military Law Journal brought out by the department.