November 25, 2014
On November 13, 2014, the verdict on the Macchil fake encounter case was announced. Five of the accused, including the commanding officer of the battalion involved in the killing were sentenced to life imprisonment. The sentence is being seen as a landmark judgement by the General Court Martial (GCM), after the army took over the case for trial by a military court.
The verdict comes within days of the Northern Army Commander, Lt Gen D.S. Hooda, acknowledging a mistake, when two young Kashmiri boys were shot while they tried to rush past a vehicle check post, despite being challenged, in a commendable display of high moral standing. While the two incidents might be seen as distinct and without any linkage, yet a closer look indicates a pattern which needs to be discerned and analysed.
The exemplary punishment by the GCM, is a clear acknowledgement of the wrongdoing by a group of individuals, who took law into their hands and shed blood for personal benefit. The reprehensible crime is clearly an act of commission, which indicates the wilful desire of the officers and men to commit the crime. On the other hand, the action at the check post, according to available media reports, is an act of omission, as a result of the failure to follow laid down rules of engagement. However, there is a common thread, which binds these two incidents together. And that is the decision of the army to acknowledge the mistakes and simultaneously attempt to punish the guilty through a fair and expeditious judicial process.
This raises three issues which need to be placed in perspective in the backdrop of this differentiation. First, the role of honours and awards in such crimes, second, the impact of punishment on the morale of troops who undertake a challenging responsibility and last, its impact on the population of the disturbed area at large.
Honours and awards have always been a source of motivation, pride and contributor to morale. A small piece of ribbon achieves more than the combined wealth that a soldier earns in his service life. This works well against an external adversary, with a clear distinction between friend and foe. However, these lines tend to get blurred in operations fought on one’s own soil and amongst one’s own people. The dichotomy of the situation is further accentuated in the absence of clear victory and defeat. Despite this contradiction, there was a need to motivate men, under conditions which were often far worse than a short war over 14 or 21 days. This becomes all the more difficult, given the harsh and unfair judgement of a section of population, which remains sympathetic to the perpetuators of violence. The painted walls of Chennai railway station are a case in point, which read IPKF as “Innocent People Killing Force” and the posters in Kashmir which said, “Indian Dogs Go Home.” This led to adoption of innovative methods like unit citations, besides other individual gallantry awards to motivate soldiers, who saw themselves fight a thankless conflict. However, the system of honours and awards carried within its ambit the seeds of potential abuse, since it was linked with the killing of terrorists. The Macchil case is a dark example of this craving for individual and collective glory.

Above—Iraqi police arrive in Jurf Al Sakhar in October. At top—Iraqi troops attack militants in Jurf Al Sakhar. AP photos