Dr U C Jha's Books

Armed Forces Special Power Act

A Draconian Law?

By: Dr. U C Jha

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Armed Forces Special Power Act

A Draconian Law?

By: Dr. U C Jha

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

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346

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9384464619

ISBN 13

9789384464615

International Humanitarian Law

The Laws of War

By: Dr U C Jha

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International Humanitarian Law

The Laws of War

By: Dr U C Jha

This book gives an up-to-date and comprehensive analysis of international humanitarian law or the laws of war. The author has traced the history of the laws of war and examined their relations with human rights and refugee laws. The topics covered include protection to the victims of war: prisoners, civilians, women, children, the natural environment and cultural property. The book contains an updated account of the functioning of the International Criminal Court, and explores the concept of command responsibility, as well as the area of private military and security companies. Besides discussing the law during air and naval warfare, the author has critically examined certain challenges which humanitarian law is facing today from cyber warfare; nuclear, phosphorous and depleted uranium weapons; the use of chemical agents; and targeted killing. This book is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

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442

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

938257302X

ISBN 13

9789382573029

Child Soldiers

Practice, Law and Remedies

By: Dr. U C Jha

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Child Soldiers

Practice, Law and Remedies

By: Dr. U C Jha

As many as fifty non-state armed groups (NSAGs) in countries such as Afghanistan, Colombia, the Democratic Republic of Congo, India, Iraq, Israel, Palestine, Libya, Mali, Pakistan, the Philippines, Somalia, South Sudan, Syria, Thailand and Yemen are engaged in the recruitment and use of children in armed conflict. In Somalia, South Sudan, Syria and Yemen the situation continues to be perilous, with many hundreds of children recruited, used, killed and maimed. Children have been used by the NSAGs as executioners and suicide bombers. By an estimate, there are 300,000-350,000 child soldiers worldwide and the alarming trend continues to grow. According to the United Nations, there has been a fivefold increase in the number of children recruited in a few ongoing armed conflicts. This book gives an up-to-date and comprehensive analysis of the recruitment and use of child soldiers worldwide; and examines the (in) adequacy of international institutions and laws in protecting children. It is an invaluable resource for anyone interested or working in the field of protecting children: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

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497

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9386457547

ISBN 13

9789386457547

The Evolution of Military Law in India

Including the Mutiny Acts and Articles of War

By: Dr U C Jha

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The Evolution of Military Law in India

Including the Mutiny Acts and Articles of War

By: Dr U C Jha

The earliest completed code of the British army dates back to the 14th century when the “Statutes, Ordinances and Customs” were issued by Richard II to his Army in 1385 on the occasion of war with France. These statutes called “Articles” or “Ordinances of War” were issued under the prerogative power of the Crown. The earlier Articles were of excessive severity prescribing death or loss of limb as punishment for almost every crime. There were thousands of instances of accused native soldiers being blown from a gun on the orders of their commander. As minor punishment, an accused could be branded with hot iron for swearing. He could even be flogged in public or ordered to ride the wooden horse. This book provides an insight into the origin and development of the legal system of the Indian Army from the year 1600 to 1947 including that of the Navy and Air Force. A total of 40 statutes passed by the British Parliament and the Articles of War issued by the Crown for governing the military forces during that period have been included. This book is for military historians, military personnel, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

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1378

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

8194285127

ISBN 13

9788194285120

Human Rights in the Indian Armed Forces

An Analysis of Article 33

By: Dr. U C Jha,Dr Sanghamitra Choudhury

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Human Rights in the Indian Armed Forces

An Analysis of Article 33

By: Dr. U C Jha,Dr Sanghamitra Choudhury

The military plays an important role in nation-building and national security. Notwithstanding special requirements of military life, the members of the armed forces should enjoy the rights guaranteed in the Constitution and other relevant international human rights treaties which India has ratified to the extent that those rights are available to other citizens of the country. The guarantee of a fair trial should apply to all proceedings under the military legal system, including summary trial and summary systems of court martial. The government must ensure the economic, social, and cultural rights of military personnel including housing, medical care, education, free legal aid and social security. Derogations of the Fundamental Rights under Article 33 should not be carried so far as to create a class of citizens who are not entitled to the benefits of the liberal interpretation of the Constitution. This book is aimed at all those who are involved in promoting, protecting, and enforcing the rights of not only the members of the armed forces, but also the other forces engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities and members of the civil society who have a stake in the armed forces.

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569

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9388161246

ISBN 13

9789388161244

Biological Weapons

Coronavirus, Weapon of Mass Destruction?

By: DR. U C Jha,Dr K Ratnabali

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Biological Weapons

Coronavirus, Weapon of Mass Destruction?

By: DR. U C Jha,Dr K Ratnabali

The threat of biological weapons has been worrying about the armed forces, as well as political leaders for quite some time. With the global recorded deaths from COVID-19 surpassing one million, the biotechnological revolution has heightened the fear of future weaponized pathogens. The COVID-19 virus or its variant could be the most effective weapon for future biological warfare. The indiscriminate effect of such a weapon and its power to cripple economies and devastate the lives of people may make it attractive to rogue States and non-State actors. This book provides an updated analysis of biological warfare agents, including the COVID-19 virus, biotechnological developments affecting biological agents, and the legal regime responsible for preventing the use of biological weapons.

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227

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

8194697468

ISBN 13

9788194697466

Armed Conflict and Environmental Damage

By: Dr. U C Jha

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Armed Conflict and Environmental Damage

By: Dr. U C Jha

Armed conflict and military activities have serious adverse impacts on the environment. Modern weaponry, troop movements, landmines, hazardous military waste, and the destruction of forests for military use are a few sources of harm to the environment both during armed conflict and peacetime military activities. Ecological assaults in combat areas are often kept a secret by the government, resulting in even greater humanitarian and environmental harm. Environmental degradation is increasingly being recognized as one of the most significant challenges of the 21st century and its effects are being felt worldwide. Both domestic and international legislations have been inadequate in mitigating the impact of military activities. This book provides details of the environmental destruction wreaked during international and non-international armed conflicts and argues that the existing legal regime for the protection of the environment during armed conflict requires substantial modification. It puts forward the view that though it is inconceivable to impose an absolute ban on environmental damage during military operations, strengthening and clarifying the existing laws protecting the environment in times of conflict, and enforcing environment-friendly practices among military forces could go a long way in protecting natural assets of our earth.

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374

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9382652817

ISBN 13

9789382652816

Pakistan Army: Legislator, Judge and Executioner

Legislator, Judge and Executioner

By: Wing Commander (Dr) U C Jha

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Pakistan Army: Legislator, Judge and Executioner

Legislator, Judge and Executioner

By: Wing Commander (Dr) U C Jha

Almost every state in the world has an army to protect it from external aggression, except in the case of Pakistan, where the relationship between the ‘state’ and the ‘army’ is in the reverse order. The Pakistan Army has the ‘state’. The army has governed the ‘state’ directly during half of its existence and in the remaining half of its history indirectly. The Pakistan Army has also ensured that other independent organs of the state—executive and the judiciary—function under its shadow. The army has another unique feature ; it runs the biggest business conglomerate that owns everything from factories and bakeries to farmland and golf courses. In 2015, the Parliament by a two-third majority handed over another responsibility to the army—trial of civilians in military courts—on the ground that the criminal justice system and the civilian judiciary are incapable of handling the cases pertaining to terrorists. As the trials in summary military courts fall short as compared to national or international fair-trial standards, the risk of serious miscarriage of justice cannot be rules out. Several armed conflicts are taking place in Pakistan in which the armed forces and its allies on war on terrorism—especially the military of the United States of America (USA)—are involved in fighting several groups of militants and terrorists. The USA as well as the Pakistan military have used lethal drones against the citizens of Pakistan. The military’s involvement on war on terror has led to devastating results in terms of loss of life, destruction of property; besides they have also been responsible for enforced disappearances, a serious crime against humanity. This book analyses the Military Justice System of Pakistan and makes an assessment of its international obligations under the international human rights law and the laws of armed conflict.

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182

Publisher

KW Publishers Pvt Ltd

Published Date

ISBN 10

9386288303

ISBN 13

9789386288301

Ethics in the Indian Military

By: Dr U C Jha

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Ethics in the Indian Military

By: Dr U C Jha

In today’s tempestuous environment, the issues of indiscipline, corruption and criminality in the armed forces reflect broader issues of military ethics, culture and leadership. A military leader has to motivate his followers to achieve maximum results with minimum friction within the group. The ability to motivate men stems largely from the ability to understand them. It is time for military leaders to do some soul-searching on the components of military ethics. The book argues that the existing legal and policy framework is inadequate to regulate behaviour in the barracks as well as in conflicts. It recommends reforms in the military legal system, incentives, practices and training. This book is for policy makers in the armed forces, military officers, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

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190

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9388161483

ISBN 13

9789388161480

Court Martial Process

Empirically Studied

By: Brigadier (Dr) R G Vidhu(Retd)

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Court Martial Process

Empirically Studied

By: Brigadier (Dr) R G Vidhu(Retd)

The book comprehensively covers the subject of Court Martial, expanding the concept of the decision-making process of court-martial, for the reasons contextually explained, to include not only the decisions of court-martial proper on various issues before it, but also the pre and the post- trial matters, including investigation of the reported offence and review of the trial proceedings. Some of the specific questions designed to cover the subject relate to highly debatable and sensitive issues, such as the desirability of extending the court-martial jurisdiction to all civilian offenders in terrorism-struck areas like J&K. Similarly, much controversial Service issues, like command influence, human right violations by armed forces personnel, advisibility of continuing with summary court-martial in the Army, the court-martial verdict being a foregone conclusion and the trial procedure mere formality, the requirement of providing for bail and plea bargaining in the court- martial procedure et al, have been included in the book.

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470

Publisher

Vij Books India Pvt Ltd

Published Date

ISBN 10

9382573461

ISBN 13

9789382573463

Military Weapons and Environment

By: Wing Commander (Dr) Umesh Chandra Jha

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Military Weapons and Environment

By: Wing Commander (Dr) Umesh Chandra Jha

Armed conflicts have become more complicated, with the emphasis shifting towards new weapons such as drones, cybercrime and autonomous weapons. In July 2017, the UN General Assembly adopted the Treaty on the Prohibition of Nuclear Weapons. This treaty prohibits a full range of nuclear-weapon-related activities, such as undertaking to develop, test, produce, manufacture, acquire, possess or stockpile nuclear weapons or other nuclear explosive devices, as well as the use or threat of use of these weapons. The ongoing conflicts have shown that the consequences of the use of explosive weapons are not limited to death, physical injury and disability, but also include long-term impacts on mental well-being. The use of improvised weapons by States and non-State actors is an area of concern for the environment. Every State must, therefore, ensure that weapons used by their armed forces are explicitly adjudged under International Humanitarian Law (IHL) and Human Rights Law. While reviewing a new weapon, the States must adopt multilateral approaches, drawing upon relevant legal, health, environmental and military expertise. This book describes the environmental effects of eight weapons and explosive remnants of war that have caused extensive environmental harm in the recent past. It also makes specific recommendations addressed to the international community and the States for protecting the natural environment from the impact of weapons of war. This book will contribute towards a better understanding of the environmental harm caused by military weapons.

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358

Publisher

KW Publishers Pvt Ltd

Published Date

ISBN 10

9386288958

ISBN 13

9789386288950

International Humanitarian Law

The Laws of War

By: Dr U C Jha

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International Humanitarian Law

The Laws of War

By: Dr U C Jha

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442

Publisher

Vij Books India Pvt Ltd

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ISBN 10

938257302X

ISBN 13

9789382573029

Military Weapons and Environment

By: Wing Commander (Dr) Umesh Chandra Jha

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Military Weapons and Environment

By: Wing Commander (Dr) Umesh Chandra Jha

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358

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KW Publishers Pvt Ltd

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ISBN 10

9386288958

ISBN 13

9789386288950

Biological Weapons

Coronavirus, Weapon of Mass Destruction?

By: DR. U C Jha,Dr K Ratnabali

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Biological Weapons

Coronavirus, Weapon of Mass Destruction?

By: DR. U C Jha,Dr K Ratnabali

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227

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Vij Books India Pvt Ltd

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ISBN 10

8194697468

ISBN 13

9788194697466

Book's by Dr U C Jha

Armed Forces Special Power Act

Armed Forces Special Power Act

International Humanitarian Law

International Humanitarian Law

Child Soldiers

Child Soldiers

The Evolution of Military Law in India

The Evolution of Military Law in India

Human Rights in the Indian Armed Forces

Human Rights in the Indian Armed Forces

Biological Weapons

Biological Weapons

Armed Conflict and Environmental Damage

Armed Conflict and Environmental Damage

Pakistan Army: Legislator, Judge and Executioner

Pakistan Army: Legislator, Judge and Executioner

Ethics in the Indian Military

Ethics in the Indian Military

Court Martial Process

Court Martial Process

Military Weapons and Environment

Military Weapons and Environment

International Humanitarian Law

International Humanitarian Law

Military Weapons and Environment

Military Weapons and Environment

Biological Weapons

Biological Weapons

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