Fundamental Rights Of A Military Person

Kandharika Sharma, School of Law, Christ University

ABSTRACT

This research paper delves into the essential rights granted to defense personnel, highlighting the crucial importance of upholding these rights for their overall welfare and efficient performance. The invaluable role of defense personnel in protecting a nation's security and sovereignty cannot be overlooked, as they often operate in demanding and high-stress situations. Considering the unique circumstances and difficulties faced by defense personnel, this paper thoroughly investigates the legal structure and pivotal measures in place to safeguard their fundamental rights. It conducts a comprehensive analysis of the specific rights enshrined for defense personnel in the Indian Constitution, encompassing the right to equality, freedom of speech, and expression. This paper delves into the profound impact that fundamental rights have on defense personnel's personal and professional lives. It revolves around the complexity of balancing national security needs and safeguarding individual liberties, highlighting the importance of adequate legal measures to protect the rights of defense personnel. In addition to evaluating the current legal landscape, this study offers recommendations for enhancing the protection of these fundamental rights. These proposals span areas such as training initiatives, policy modifications, and institutional frameworks, all of which can effectively strengthen the defense personnel's rights. Through a deeper exploration of the fundamental rights bestowed upon defense personnel and the difficulties they encounter, this research paper strives to spark a sense of awareness and promote the unwavering protection of these rights. It emphasizes the significance of acknowledging the priceless contributions made by these individuals and the vital importance of safeguarding their overall welfare and productivity by safeguarding their fundamental rights.

Keywords: fundamental rights, defense person, well-being, security, sovereignty, legal framework, Constitution of India, national security