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Delhi HC rejects 'divisive' PIL to create Gujjar Army regiment

Delhi HC rejects 'divisive' PIL to create Gujjar Army regiment

Time of India6 days ago

Delhi high court
NEW DELHI:
Delhi high court
on Wednesday rejected a PIL seeking a direction to the Union government to constitute a Gujjar regiment in
Indian Army
, and warned the petitioner that cost would be imposed for filing a 'divisive' petition.
"There has to be a right vested in you either by any statute or any law or the Constitution. Which is the law that gives you the right to have such a regiment? Where is that right?" asked a division bench comprising chief justice D K Upadhyaya and Justice Tushar Rao Gedela.
The petitioner, Rohan Basoya, argued that despite a rich martial legacy, Gujjars have not been accorded a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras. He submitted that the absence of a Gujjar regiment violates their constitutional rights. "The demand for a Gujjar regiment has been raised before, but no concrete steps have been taken by the govt. Given the community's presence in border regions like Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar regiment would also serve strategic military interests in counterinsurgency and border security operations," the plea said.

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PM Modi to flag off first train to Kashmir on Friday: Here's why it is India's historic rail milestone
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PM Modi to flag off first train to Kashmir on Friday: Here's why it is India's historic rail milestone

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Strengthening national security: A unified approach to CAPF and IPS integration
Strengthening national security: A unified approach to CAPF and IPS integration

Time of India

timean hour ago

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Strengthening national security: A unified approach to CAPF and IPS integration

Throwing the baby with the bathwater is not a good idea. And, the solution is not as complex as it seems. Last week, the Supreme Court, in a significant ruling, decreed that the Group 'A' cadres of the Central Armed Police Forces (CAPFs) be recognised as 'Organised Services' for all purposes. Also adding that, IPS deputation to CAPFs in senior ranks be 'reduced progressively within two years'. Given that both CAPFs and IPS are crucial components of our security architecture, what does this ruling imply for our national security? CAPFs and IPS – both integral components of internal security apparatus The CAPFs and the IPS constitute crucial links in the all-important chain of the country's internal security architecture. While CAPFs like BSF (Border Security Force), ITBP (Indo Tibetan Border Police), SSB (Sashastra Seema Bal) are responsible for securing the country's borders against illegal immigration, infiltration of undesirable elements, trans-border crimes including smuggling of narcotics, firearms, etc., the role of CISF (Central Industrial Security Force) is to provide similar security to the critical infrastructure and strategic industrial establishments of the nation. The primary role of CRPF (Central Reserve Police Force) is to assist the state police forces in handling public disorder situations and countering insurgency. The CAPFs, thus, not only perform various internal security-related policing tasks, but also have to work in close concert with state police forces for effective discharge of their responsibilities. The IPS, on the other hand, is an All-India Service, under Article 312 of the Constitution. The founding fathers had recognised the IAS and IPS as important instruments to respectively steer the administrative and security apparatuses of the nation. Thus, in keeping with the quasi-federal nature of its polity, these two services were classified as 'All India Services' – as distinct from Central Services and State Services – that would man senior positions under both the Union and the State governments, besides serving as a valuable bridge between the two. IPS, thus, was envisaged as a binding mechanism between the state and central internal security organisations, and not as merely a glorified State Service Now, the internal security (IS) architecture of the country comprises several disparate state and central agencies and is rather loosely structured, with one of the principal IS organs – the police being under the states' domain, and the CAPFs under the union government. In pursuit of their common overall objective, all wings of the IS apparatus must work in total unison. The IPS, with its members manning leadership positions at cutting-edge as well as policy and direction levels – in all components of the apparatus – provides the necessary binding thread in the country's IS structure. This arrangement has stood the test of time – joint actions have been successful in countering major internal security challenges, like terrorism in Punjab, insurgency in Tripura, or left-wing extremist violence in the hinterland. What's the issue? The grievances of directly recruited gazetted officers of the CAPFs are genuine. Having been recruited to a Group 'A' service and then denied the status of members of an 'organised service', along with constricted promotion prospects, are valid gripes. Things were fine as long as their own officer cadres of CAPFs were limited to Group 'B', filled by either departmental promotees or deputationists, mostly from the state police. Direct recruitment was then limited, and that too, only at Group 'B' level. The original scheme perhaps envisaged that most senior-level posts – barring small numbers earmarked for promotion of departmental officers – would be manned by IPS officers. The IPS (Fixation of Cadre Strength) Regulations provided for a 'Reserve' in each state cadre, to the extent of 40 percent of senior posts authorised for that cadre, to cater specifically for postings in central organisations. However, the increasing security challenges over the decades necessitated not only expansion of the existing security set-up, but also creation of new organisations. Operational needs also necessitated the presence of Group 'A' officers in good numbers in the field. This led to direct recruitment of Group A' officers in CAPFs. These officers, upon promotion to senior scale, have since started manning most senior posts in their respective CAPFs – practically all posts at the Commandant level in most CAPFs are now filled with officers from their own cadres. 80 percent of the posts at the DIG level, and 50 percent at the IG level, are also manned by CAPFs' own cadre officers. A workable solution: Integration of CAPF officers with the IPS The bonafide grievance of the CAPF cadre officers needs to be addressed, and on an urgent footing. Yet, upsetting the apple cart by 'reducing the IPS deputations progressively within two years' does not make sense. Why throw the baby out with the bathwater! The solution really is not as complex as it seems. It requires the Group 'A' cadres of CAPFs to be integrated with the overall structure of the IPS. The National Police Commission had, in its Sixth Report, in fact, made a useful recommendation for creation of an IPS Cadre for CAPFs. This pragmatic NPC recommendation, which had remained unimplemented, can now be implemented – perhaps with some necessary modifications. This appears imperative now, given the dire need to ensure cohesion in the higher echelons of the country's IS apparatus. A workable proposition would entail identifying all senior posts (Commandants and above) of various CAPFs as 'senior duty posts', for inclusion in this IPS cadre of CAPFs. Picture credit: X/CAPF Why this is a win-win for all All officers holding 'senior posts' in CAPFs would then be from the IPS – either via direct recruitment through the Civil Services examination and allocated to CAPF cadre; or promoted to the IPS from the Group 'B' cadres of CAPFs; or IPS officers on deputation from state cadres. Existing Group 'A' officers of CAPFs, too, would be eligible for absorption in the newly created IPS cadre. What's important is, they would all be officers of one single service – namely, the IPS. This will provide for the crucial familial bond between senior officers of all internal security organisations – whether central or state police agencies – as it now exists between IPS officers of different state cadres. A provision for deputation of the CAPF-cadre IPS officers to states would also enrich the state armed police wings, given their all-India experience and outlook. Overall, this is a practicable way to bring about a meaningful cohesion in the country's internal security apparatus without causing problems for either of the two categories. And this would surely strengthen our internal security architecture. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.

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