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| A group of armed security personnel standing guard in Jammu and Kashmir. The Indian government has extended protection from arrest to all force personnel deployed in the region under Section 45 of the Code of Criminal Procedure. |
The Indian Government extended the protection from arrest to personnel of the central armed police forces and the armed forces of the Union of India deployed in the Union Territories of Jammu and Kashmir (J&K) and Ladakh. The protection is given under Section 45 of the Code of Criminal Procedure (CrPC), which ensures that no member of the armed forces can be arrested for anything done in the discharge of their official duties without the consent of the Central government. The extension of protection to all forces deployed in J&K and Ladakh is a significant move towards providing security to the personnel serving in these sensitive areas.
Background
Earlier, the protection under Section 45 of the CrPC was not applicable to J&K, as the state had its own law, the Ranbir Penal Code, 1989. However, after the repeal of Article 370 of the Indian Constitution, a proposal was moved by the law department to the Ministry of Home Affairs (MHA) for issuing instructions on the applicability of Section 45 of the CrPC to the troops deployed in J&K. Now, the MHA, in consultation with the government of J&K and the Ministry of Law and Justice, has extended the protection given under Section 45 of the CrPC to all force personnel deployed in the UT of J&K and Ladakh.
The Impact of the Extension
The extension of protection from arrest to all force personnel deployed in J&K and Ladakh is a significant move towards ensuring their security. Earlier, the protection was only applicable to the armed forces, but now it has been extended to all the forces, including the Central Reserve Police Force (CRPF), Border Security Force (BSF), and Indo-Tibetan Border Police (ITBP). This move will give a sense of security to the personnel who are serving in these areas, which are prone to violence and unrest.
However, it is important to note that legal cases can still be registered against the personnel. The extension of protection from arrest under Section 45 of the CrPC only means that for their arrest, the investigation officers would have to follow more legal processes. It is a step towards providing the personnel with the right to a fair trial and protecting them from frivolous and politically motivated cases.
The Legality of Section 45 of CrPC
Section 45 of the CrPC provides protection to the armed forces from arrest for anything done or purported to be done by them in the discharge of their official duties, except after obtaining the consent of the Central government. The provision was introduced to ensure that the armed forces can carry out their duties without any fear of legal consequences, which may affect their morale and performance.
However, the provision has been the subject of much debate, with many arguing that it violates the fundamental rights of citizens and goes against the principles of the rule of law. Critics argue that the provision gives the armed forces immunity from prosecution for their actions, no matter how egregious. Supporters of the provision argue that it is necessary to protect the armed forces from frivolous and politically motivated cases.
At The End
The extension of protection from arrest under Section 45 of the CrPC to all force personnel deployed in J&K and Ladakh is a step towards ensuring their security and providing them with the right to a fair trial. It is a significant move towards protecting the personnel who are serving in these sensitive areas, which are prone to violence and unrest. However, it is important to ensure that the provision is not misused and that the personnel are held accountable for their actions, if necessary.