Martial law is not a body of substantive law, but rather summary powers employed by the military commanders when the ordinary rule of law is suspended. Under the British rule, martial law was proclaimed on many occasions in different territories in India, wherein excessively harsh provisions were used to humiliate Indians. The framers of the Indian Constitution did not make any express provision about martial law under the Constitution. However, an implied reference to the possibility of imposing martial rule in India has indicated in Article 34 wherein it provides that an Act of Indemnity may be passed by the Parliament in respect of acts done under martial law. This book covers the historical perspective of martial law in India and compares it with a few other countries. The possibility of arrest and detention of an offender during martial law, the rights to the habeas corpus in such circumstances, and the power of constitutional courts to issue such a writ has been analyzed. The book examines the powers of the military commander under the Armed Forces Special Powers Act and critically evaluates whether it amounts to the de facto proclamation of martial law. The Book also analyses whether the proclamation of martial law is feasible in India in the future. This book is intended for not only those who are involved in promoting, protecting, and enforcing human rights, but also for those engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities, judges, lawyers, and members of the civil society who have a stake in the armed forces.
Martial Law in India : Historical, Comparative and Constitutional Perspective
Dr K Ratnabali is a faculty member in the Faulty of Law, University of Delhi since 2004. She has taught international humanitarian law and its correlation with Human Rights in the University for more than 15 years. She has also been teaching Ph D scholars and LL M students the Research Methodology. Her research areas also include indigenous peoples’ right to land and their sacred natural spaces, rights of nature etc. Prior to joining the teaching profession in the University of Delhi, she had interned with the office of the United Nations High Commissioner for Refugees, New Delhi and State Human Rights Commission, Manipur.
Dr U C Jha, a former Wing Commander, has extensive field and academic experience in international humanitarian law, military law and human rights law. He has been teaching these subjects since last two decades. His work comprises 24 books and over 120 articles published in various journals and newspapers. His recent books include, The Evolution of Military law in India; Ethics in the Indian Military; Killer Robots: Lethal Autonomous Weapon Systems: Legal, Ethical and Moral Challenges; Human Rights in the Indian Armed Forces: An Analysis of Article 33 of the Constitution; The Law of Armed Conflict; and Child Soldiers: Practice, Law and Remedies.