Ethics and morality attributes in public sector and more particularly, for the armed forces are prime requisites. The exercise of command and leadership need to be carried out in a fair and ethical manner. This presentation discusses the complexities and a suggestive proactive approach in this regard.

2. Presentation
by
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School, Noida

3. I am delighted to be given this opportunity to
participate at this workshop on value based
character in the armed forces. The workshop is to
focus on problems and solutions.
Nani Palkhivala had once remarked that it is
important that citizens obey the law. It is even
more important that citizens obey the high
standards of decency which are not enforced by
law but are the hallmarks of a truly civilized and
mature democracy. We could substitute the word
soldier for citizen in our context.

4. The art of directing men’s actions to the
production of the greatest possible quantity of
happiness, on the part of those whose interest
is in view.
- Jeremy Bentham

5. 1. Principles concerning right and wrong or good
and bad behaviour.
2. The degree to which something is right or
wrong, good or bad.
3. A system f moral principles followed by a
particular group of people.

6. The safety, honour and welfare of our country
comes first always and everytime.
The honour, welfare and comfort of the men
you command come next.
Your own ease of comfort and safety come last
always and everytime.

7. Beg, borrow, steal or manufacture
Everything is fair in love and war

8. Many people believe that the
violent and disruptive nature
of war makes a military ethic
impossible.

9. Pacifists claim that the
horrible and ungovernable
nature of war makes it morally
wrong.

10. 1. WAR
2. PEACETIME
3. COUNTER TERRORISM

11. Ethics in situations of war are
enforced by international
humanitarian law.

12. 1. Policy/practice that the ends justifies the
means.
2. Changing values and attitude
3. Consumerism
4. Indifference of peers and subordinates
5. Poor convictions rates

13. 1. Rat race
2. Adoption of five star culture
3. Lack of role models
4. No training
5. No monitoring

14. Erosion in value system
Living beyond means

15. 1. Corruption
2. Espionage
3. Sexual exploitation
4. Sexual deviant behaviour
5. Human Rights violations (fake killings)
6. Communal favouritism

16. A FEW LIVE
ILLUSTRATIONS

17. At Hajiganj, Bangladesh on 11th December 1971, committed robbery
in respect of the undermentioned articles, the property belonging
to the persons indicated as follows:
a) Properties of the United Bank Ltd, Comilla District
i. cash in Pakistan currency – Rs. 11,222.91
ii. SB-12 bore guns (registered No. 027873 and No. 342)
iii. Wall Clock – one
iv. Telephone – one
v. Pens (Eagle) – one
vi. Locks with four keys – two
vii. Winter uniforms of peons and guards – two pairs.
b) Personal items of Shri MA Kalam, Manager United Bank Ltd,
Hajiganj branch.

18. 1st Charge: When on active service, at field between 10 and
15 September 2003, while officer commanding ‘A’ Company,
X Battalion – Regt by falsely reporting to his Battalion
Headquarters of construction of an Air Defense Gun by the
enemy from the said Air Defense Gun bunker at Old Bhutali
Post, caused unnecessary alarm thereby causing his
Commanding Officer to plan missile assault to destroy the
said Air Defense Gun and Air Defense Bunker on 21
September 2003.
2nd Charge: On 21 September 2003, caused to be reported
to the Battalion Headquarters about killing of two enemy
soldiers and partial destruction of one enemy bunker, well
knowing the reports to be false.

19. 1st Charge: New Delhi, on 16th December 2000, while
holding the appointment of Addtl Dir Gen Weapons/Eqpt
AHQ, accepted for himself a gold chain valued at Rs. 9000/-
from Shri Samuel Mathew, a gratification other than legal
remunerations as a motive, to promote the interest of the
said firm in the army.
2nd Charge: At New Delhi, on 24th December 2000, accepter
for himself a sum of rupees one lakh only from Shri Samuel
Mathew, representative of M/S West End International, a
gratification other than legal remunerations as a motive, to
promote the interest of the said firm in the army.

20. 3rd Charge: At New Delhi, between 16th
December 2000 and 07th January 2001,
omitted to comply with the provisions of
chapter XV of the “Instructions on contact with
foreign nationals – 1987” with regard to his
meeting with Maj Gen (Retd.) SP Murgai and
aforesaid Shri Samuel Mathew.

21. Military ethics must be an ethics for peace time
as well as an ethics for war.
Need for a practical approach and utilitarian
approach, drawing on real military experiences.

22. PROFESSION BEGINNER
Civil servant
Medic
Engineer
Military
Probationer
House Surgeon
Resident
Apprentice
Gentleman Cadet

23. Practice what you preach.
Set an example.
Example has to be set from the top.
Not mere lip service.
Undertake ethics and moral audit of the units
and formations.

24. Conducts and ethics of HRD Officials MS
Branch, Record Offices, Discipline and Vigilance
Staff and officers of the Judge Advocate
General’s Department

25. Probity and high standards of ethics and morality
in professional career, particularly of an
advocate, must be maintained and cases of
proved professional misconduct severely dealt
with.
-Rajendra V Pai v/s A Fernandes
(2002) 4 SCC 216

26. 1. Discourage ostentatious lifestyle.
2. Utilise unorthodox methods to gain information about
officers living beyond their means.
3. Publish results of CM in Army Order.
4. Social boycott.
5. Design and organise courses and workshops on
ethics and morality.
6. Set up an Organisation Inspector of the Army.