SAME SEX MARRIAGE: DEFENCE FORCES SHOULD JOIN THE BATTLE NOW

The generals, admirals and the air marshals are conservative people and they generally fight what they know. They know most about the wars fought in the past. So, they focus on and train their soldiers on the tactics and strategies that were successful in the past. They also equip the defence forces with weapons and equipment that performed well during the last war. Chief of the Army Staff (COAS) is on record that the Indian Army is studying the Ukraine war and drawing lessons from it. No wonder that there is oft repeated saying extensively quoted by the critics that “the soldiers are always?preparing?to fight?the?last war”.

Indian Army (the term is being used in the article to denote the Indian Defence Forces) does not only fight in the battlefield but is also heavily engaged in fighting battles in the courts of law. The Supreme Court and the other constitutional courts regularly fault the Army for not following the laws of the land in true letter and spirit. So, the army has been forced against their will to accept women in uniform, provide command appointments to women officers, allowing girls to join the National Defence Academy many more such cases. Even in the matter of adultery the army had to go to the Supreme Court to clarify the matter as per their requirement at a later date.

This happens because the Army is busy in fighting the last war and does not anticipate the effects of the current matters on their future well-being. A case in point is the same sex marriage case going on in the Supreme Court now. The whole country is debating the issue and the Bar Council of India and many other Bar Councils of the country have written to the Chief Justice of India to refrain from ruling on the matter. All religious organisations are being represented in the court by their team of legal eagles. Even 400 parents of gay children have approached the court for a favourable decision. But the Army is strangely missing in action. It seems that the Army is yet to recover from the blows dealt by the judiciary to its soul in the past. An absent Army in the court is not the best way to deal with this issue.

Same sex marriage is going to have far reaching impact on the working of the Army in future and it thus it is right that the organisation put forth it’s views to the court before it is too late. Just imagine what will happen to Army Wives Welfare Organisation (AWWA) if the court grants sanction to the same sex marriage. Even the character of the Family Welfare Centre (FWC) of the units will undergo unimaginable changes. A ruling in the matter will even open doors for the gays and the lesbians to join the forces. Gay and lesbian soldiers and officers will be reality soon and this could change the very character of the forces at a time when its is still grappling with the idea of enrolling the ‘Agniveer’.

So, it is imperative that the Army gives a serious thought to this matter of immense importance now otherwise it will be left to fight the battle when the war will be over. The Army should become a party to the petition and strongly and forcefully explain its view point on the matter in the court through its legal counsel. It is not the intention of the article to in anyway oppose the petition but to only exhort the Army to seriously debate the issue and take a firm stand before it I too late.

Modern wars are not only fought on the battle field but in the minds of the people. Rather that trying to play a game of ‘catch up’ always the Army should be setting the agenda for the national discourse on issues of importance that can have impact on its ability to defend the country. Same sex marriage is one such matter where the Army cannot bury its head in the sand and hope to ride out the storm. ?Army should be agile and forward thinking and active participant in the case so that it can avoid the negative impact of any ruling on the subject in future.

Col Narinder Singh Dahiya (Retd)

Advocate, AFT Delhi

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