In a landmark judgement last year, the Indian Supreme Court paved the way for women to take the National Defence Academy test. While the army has limited the female intake to 19 through each of its biannual tests, the numbers are likely to go up in the coming years.
In fact, the number of women in the armed forces has been steadily increasing for a few years now.
Speaking to soldiers in Kargil in October, Indian Prime Minister Narendra Modi celebrated the “induction of women” into the forces as a means to “boost [India’s] strength.”
However, as the Indian armed forces undergo this transformative shift, it is crucial to put adequate checks and balances in place to address the inevitable issue of sexual harassment.
|
Name of the Service |
Percentage of Women (%) |
|
Army |
03.80 |
|
Air Force |
13.09 |
|
Navy |
06.00 |
|
Medical Officers |
21.63 |
|
Dental Officers |
20.75 |
|
Nursing |
100 |
SOURCE: PRESS INFORMATION BUREAU (INDIA)
While the incidents of sexual harassment in the Army can be traced back to 2007, there is no official or independently-collected data on the prevalence of such officer-on-officer crimes in the establishment. However, several media reports on court-martials show incidents of sexual harassment by commanding officers and lower-ranking officers. Such incidents are only likely to become more frequent as more women join the force.
One need only look at other countries, which have more readily-available data, to recognise that such harassment appears to form an intrinsic part of the military establishment. This includes developed countries like the United States (US), the United Kingdom (UK), and Canada, each of whose armed forces are composed of 10-20% women.
For instance, the British Royal Navy is investigating claims that male servicemembers had compiled a “rape list,” featuring female officers’ names in the order they would be raped in a catastrophic event.
Meanwhile, a 2021 US military report noted that there was a 24.6% rise in incidents of sexual assaults from 2020 to 2021. Furthermore, an Independent Review Commission on Sexual Assault, comprising 12 experts from outside the military establishment, reported in 2021 that the prevalence of sexual harassment among women increased by 44% from 2010 to 2018, with one in four women being victims of such crimes.
NATO’s 26 members have reported similar statistics, with 17 members reporting incidents of sexual harassment or bullying.
Today, I signed an Executive Order to strengthen how our military justice system addresses several forms of gender-based violence — and added sexual harassment as an offense under the Uniform Code of Military Justice, in honor of Army Specialist Vanessa Guillén. pic.twitter.com/7BJoWeBJoT
— President Biden (@POTUS) January 27, 2022
India’s Army Act lays down provisions regarding court-martials and exempts civil courts and police from acting on cases against armed force officials while they are in “active service.” Moreover, the law is entirely silent about officer-on-officer crimes such as sexual harassment and assault, even though it features offences such as striking a superior officer, disobeying orders, and unbecoming conduct.
After years of deliberation by the judiciary and legislators, civil courts have developed a balanced and sensitised process of investigation that lowers the burden of proof on victims. However, the Army Act continues to have no mechanism to try such cases, leaving the process in the hands of the presiding officer. This has left women raising incidents of sexual crimes in the military establishment subject to outdated and previously disproved standards of proof, such as the two-finger test.
Side-stepping the fair trial protections guaranteed by civil authorities, the current structure of the redressal mechanism places the power in the hands of top-level army officers, opening the door to biases and preconceived notions.
Such procedures almost invariably result in most of these incidents going unreported. For instance, Emma Norton, the director of a US-based charity that works with victims of harassment from the US Army, has lamented that merely 10% of women in the force raise complaints about sexual harassment and abuse, as “they have no faith that they’ll get any kind of justice or a fair hearing.”
The intentions of the Indian Army may not be inherently malicious, given that the institution has taken strict and expeditious action in several instances. For instance, a court-martial in October against an officer for sexually harassing a superior dismissed the non-commanding officer and recommended jail time.
Yet, female officers have also complained about their assaulters facing no punishment and even being promoted under this same system.
Such discrepancies highlight the need for the Indian government to change the redressal system, wherein the prosecution and sentencing of officers guilty of sexual crimes are taken out of the military’s hands and handed to independent panels or civil authorities.
From issuing guidelines on preventing sexual harassment in the workplace two decades ago to providing directives for granting equal status to women in the army this month, the Supreme Court of India has led progressive social transformation: President Kovind
— President of India (@rashtrapatibhvn) February 23, 2020
Canada, for instance, allowed its armed forces to be investigated and prosecuted by civilian police and courts in 2021, irrespective of whether the officer was on “active duty” or not.
Similarly, 70 US Senators support a bill to amend existing laws and allow independent protectors to try major crimes within the military, including sex crimes. In fact, President Joe Biden extended his support for the bill in 2021. After initially opposing the law, the Pentagon, too, has grown open to the recommendations and even set up a commission under the leadership of Defence Secretary Lloyd J. Austin III.
The key opposition to trying sexual harassment outside the military establishment has been the fear of diluting the institution’s leadership over its officers, an argument previously made by the Pentagon. Army officials claim that opening commanders up to civil authorities would impede them from exercising their duty to ensure order and discipline.
However, internal modifications have proven to be insufficient. For instance, before allowing its armed forces to be investigated and prosecuted by civilian police and courts, Canada first adopted a softer policy by releasing recommendations and guidelines to educate army personnel on sexual harassment and other such crimes.
Similarly, the UK has often published detailed reports on the issue and even released guidelines for conduct. Although such guidelines are necessary, these changes have not succeeded in reducing sexual harassment and abuse and need to be complemented with massive structural reforms.
While the military establishment is wary of letting any judgment on abuse by servicemembers—whether against their own or others—being left to independent arbiters and civil courts, the rapidly evolving composition of the armed forces has necessitated a rethink.
As the battlefield grows more dynamic by the day, with more and more remote and digital attacks, the historically male-dominated armed forces are now opening their doors to women.
If history is any indication, as the number of women in the force increases, so will the number of cases of sexual abuse and harassment. Therefore, just as the battles the military faces are evolving, so too are the crimes they must confront, including within the institution.
Keeping this in mind, applying the same standards and methods of justice that have prevailed for so many years reflects poorly on the institution’s adaptability and flexibility.
If the Indian army is to successfully integrate and welcome a growing number of women into its workforce, there is an urgent need for it to change with the times and separate sex crimes from other major crimes by allowing independent arbitration.