Practice Relating to Rule 142. Instruction in International Humanitarian Law within Armed Forces
India’s Army Training Note (1995) states that its aim is “to educate all ranks in maintaining and upholding Human Dignity and protecting Human Rights in accordance with the law of the land and National and International conventions, during peace and war”.
The Training Note also states: “A soldier is trained to do only the correct and proper things from the time he is enrolled into the Service. Any violation is strictly dealt with by the superior authorities.”
The Report on the Practice of India notes that a Military Law Institute was established in 1996 and states:
The members of the armed forces are adequately trained in humanitarian law and human rights law at the time of recruitment as well as while in service. The Geneva Conventions form part of training manuals. In addition, they are trained in human rights norms especially in view of the fact that they may be required to deal with civilians in times of internal conflicts … The police personnel are trained in human rights while undergoing training in police academies … The police personnel are not specifically trained in humanitarian law.
In 2003, at the 5th Annual Conference of the States Parties to Amended Protocol II of the Convention on Certain Conventional Weapons, the head of the Indian delegation stated:
India has taken several steps in order to sensitize the armed forces and to increase public awareness of issues related to anti-personnel landmines, including dissemination of a booklet on India’s position on landmines and her obligations under [the 1996] Amended Protocol II [to the 1980 Convention on Certain Conventional Weapons] to all armed forces headquarters, formations and units, organization on a frequent basis of presentations and seminars, inclusion of this subject in the syllabi of relevant army courses and regular interaction among agencies of the Government of India for exchange of views and information on the implementation of the provisions of Amended Protocol II.
In 2008, in a statement during the 2008 parliamentary hearing at the United Nations, India’s representative stated:
Sexual violence against women and children is an unacceptable crime that unfortunately remains a serious modern-day challenge. India has taken note of [the UN] Security Council Resolution 1820 of June 2008, which called for immediate and complete cessation of all acts of sexual violence against civilians by all parties to an armed conflict. …
There are adequate international legal agreements as well as domestic statutory laws that condemn such violence. No society or country can ever justify this practice. The fact that such violence persists is not due to the deficiency of legal measures to punish perpetrators. In our view, the problem lies in the implementation of such measures. We agree that adequate training must be given to troops, including through the extension of training to inculcate sensitivity to such issues.