UNION OF INDIA Vs. MAJOR VIKAS KUMAR

JUDGEMENT

(1.) Petitioner No.1, a serving Major in the Indian Army, states that he had fallen in love with Petitioner No.2 who is a foreign citizen, who has been a bona fide student resident in Bangalore for several years and is presently pursuing her doctoral studies.

(2.) Events and attitudes in most countries indicate that we are indeed disingenuous and insincere whenever we proclaim, platitudinously, that the world has become a "global village"; distrust and discrimination against a foreign citizen remains the order of the day. There are several instances where citizens betray their own countries; there is no empirical data that a foreign spouse will invariably constitute a weak link in matters of national security. Judges are loathe to interfere with the decisions of Authorities unless it is manifest that their perception, ordinance or position is irreconcilable with Human Rights or with our Constitution. We accept that the requirements and necessities of discipline and discretion is in the realm of discretion of the Armed Forces even it may appear to some to be outdated, paranoid or chauvinistic. Therefore, we endeavoured to remain true and steadfast to jural discipline even in arriving at the conclusion which we have reached in this adjudication.

(3.) This case concerns the correctness of the decision of the Army Authorities, who are the Appellants before us, in rejecting the request of the first writ petitioner for permission to marry the second petitioner, or in the alternative, to accept the resignation of his Commission in the Indian Army. This question has not arisen for the first time and on each occasion when the matter has been taken to the Court, the decision has been unfavourable to the Appellants. The right of conjugal consortium and procreation is the very essence of the being of a human, and partakes the character of a Human Right which transcends all laws and every legislation. Article 21 of the Constitution of India succinctly states that no person shall be deprived of his life or personal liberty except according to procedure established by law. Each and every Fundamental Right guaranteed by our Constitution is to be protected and enforced by the Court. In the case of a confrontation between Human Rights on the one hand and the imperatives of discipline in all its myriad manifestation in the Armed Forces on the other, the former must prevail. It is not our intention to foist our views or prescribe our perceptions on the Armed Forces Authorities but nevertheless we must resolutely interpret the extant Rules in a reasoned and logical manner, so that they conform to and are in consonance with Human Rights.