Col J P Singh, Retd
World Human Rights Day was celebrated all over India on 10 December. It was more of an academic exercise through the media. Nothing tangible was done through law enforcing agencies. No infants were retrieved from forced labour, none rehabilitated; nor any candle burnt for Capt Kalia and his colleagues. Team Kalia was tortured to death by Pak invaders 13 years ago in gross violation of human rights under Geneva Convention? No tears have been shed for them.
It is an accepted fact that national interest of a country can only be protected by the armed forces of the nation. To do so battles and wars are fought and sacrifices made. Indian Army is fully committed to this resolve. There are glorious examples of officers and men fighting and dying together in the battlefield. Supreme sacrifice of Capt Saurav Kalia with five brave soldiers of his paltan is a glaring example of dying for this resolve. While patrolling in Kaksar area of Kargil, they discovered occupation of heights by Pak intruders. On being tasked to probe further for more information, they were ambushed. They fought to the last round. Being only 5, they were overnumbered and captured on 15 May 1999. They were subjected to interrogation. They did not give away any information of intelligence value.
Hence they were subjected to inhuman torture and killed. Their mutilated bodies were handed over to Indian army on 9 June. Had they compromised; the lesser men would have; they would have lived full life as repatriated prisoners of war (PsOW). But they did not do so because that would have jeopardised military plans. Consequently they bore mental & bodily torture, mutilations and the naked death. They lived to their pledges and self respect, despite the despair when tortured, very rare in mortal life. Dreaded militants are known to have succumbed to third degree methods of investigating agencies but team Kalia didn’t. What more a nation can expect from its soldiers? While the soldiers stand by their resolve, least they expect from the govt is to fight for their rights under the Geneva Convention, if captured as PsOW.
Geneva Convention on POW lays down the rules on the treatment to be meted out to the captured soldiers and civilians during the war. Articles 13 to 16 state that prisoners of war must be treated humanely and that their medical needs must be met. Section 1 dictates the information a prisoner must give and interrogation methods that the detaining power may use: “No physical or mental torture, nor any other form of coercion” is the underlining provision of this convention. Following are prohibited / permitted at any time and in any place whatsoever to the POW. (i) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture. (ii) outrages upon personal dignity, in particular humiliating and degrading treatment. (iii) the passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted court. (iv) affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (v) wounded and sick to be cared for. (vi) an impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the PsOW.
For not having contested barbaric treatment to team Kalia after receiving mutilated bodies is deplorable. They were captured in Indian territory; not in Pakistan. They were Indian soldiers and on an operational duty; the fact well known to the Pak intruders. Army should have acted fast to get them released at the first place. Having failed in this sacred duty, the army should have taken up their cause at the highest level. Why overlooked, the army must answer. Will America or Israel let such captures go uncontested or tolerate such violations? Never. For them soldiers is not a commodity. They value life. There are UN observers in Srinagar where very often separatists present memorandums. Army should have shown the mutilated bodies to the UN observers and taken up the case of violations. India respects UN conventions. 93,000 Pak PsOW of 1971 war were treated and repatriated as per Geneva Conventions. Why does India accept its violations by the adversary for whom we set examples? Father of Capt Kalia has been asking, “was his son not entitled to fair treatment under the international conventions and why his brave son was forgotten after his martyrdom?” There is no remorse form Pak army / govt; nor from their Interior Minister who was confronted with this gory issue in Delhi. He rather added insult to the injury by nonchalantly stating that it could have been a weather casualty. The pity is that he was allowed to get away with it. Even our own govt has not shown much remorse. Are we as a nation less courageous than Israelis / Americans?
Later the army, brought in from outside the J&K, took 45 days of dogged battles to vacate the occupation. During this period whenever a Pak held post was captured, the success was celebrated. Lots of awards and battle honours given. Such attacks were normally carried out by an Infantry Battalion of 800 men on enemy posts of 20 to 25 intruders or by a Company of 120 on a post held by 8 to 10 enemies. Such successes were due to sheer superiority of numbers as well as Arty and Airforce fire power superiority. Would a small party of team Kalia done any such miraculous wonder? They did the best they could under the circumstances which cannot be called a lesser duty in the face of enemy. Why was their sacrifice not rewarded is a question the army has to answer. Were they less brave. Did they not die fighting. Is it that nation rewards success only. Had Capt Kalaia led a patrol of 120 men, he would have not been captured. Whose fault it was to send him with five men? The ethos have to change. 26 / 11 and 9 / 6; both barbarous murders, should not be looked at differently.
For a nation to preserve its independence and protect itself against foreign domination, it is imperative that it awakens the spirit of bravery and establishes the ideals of Kshatryia in the hearts of its citizens. At a particular epoch of history, due to the influence of unrealities of life and the theory of illusions, India lost her focus and strength. India forgot the ideals of bravery and sacrifice as embodied in her ancient heroes, Lord Rama, Krishna, Arjuna, Rani Jhansi, Shivaji and Gulab Singh, to name a few. Due to an excessive stress on life, the life-instinct in the Indians dwindled. Number of warriors and soldiers decreased, while those of Babas, Sanyasis and Mendicants increased. It is said that BIHAR at one time had nine lakh monasteries. None was left to fight. As a result, foreign invaders and barbarians marched into India and looted and crushed the country repeatedly. Lakhs of Indians were butchered and millions were forcibly converted to the religion of the invader. Matchless bravery of India disappeared. For centuries India remained slave, exploited by different conquerors. Indians lost the right to walk with their heads held high. Worse still, the nation lost its self confidence and respect. Unfortunately, forgetting the shameful centuries of slaveries and sacrifices of those who gave us freedom, we have become enamoured of wealth and comforts. Hence younger generation sees little respect in the honest and risky profession of arms. They receive very high, almost unthought of salaries from multinational companies while our armed and security forces remain deficient of officers and men. Indian Army is still the main pillar of strength of the nation and our soldiers are the only claimant to such a distinction. Let this strength of the nation not fritter away due to mundane negligence effecting honour of nation’s heroes like Capt Saurav Kalia. Given below is an eternal deal in the soldiery.
If I die in a battle zone
Box me up and send me home.
Put my medals on my chest
Tell my Mom I did my best.
Tell my love not to cry
B’coz I am a soldier meant to die.
Nation which ignore the interest of soldiers and their families is destined for a domino effect. Who will give his life knowing that woes of his near and dear one’s will not be heard by those for whom he dies. If soldier’s sacrifice is honoured, his ideals are kept alive, then one could truly ask, where is death’s sting and where is the fear?
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