Abstract
The issue of desertion in the armed forces is complicated, often involving psychological distress and challenging the boundaries of criminal intent (Mens rea). Section 38 of the Army Act (1950) and Section 35(1)(g) of the Bharatiya Nagarik Suraksha Sanhita (2023) penalize deserters in a strict way proving how seriously this offense is taken by the law. However, the intersection of mental health and legal accountability raises questions about justice, rehabilitation, and due process. This article examines the interplay between mental health, mens rea, and the legal framework governing desertion, advocating for reforms that recognize the psychological realities faced by service members.
Key words: Desertion, Armed Forces, Mental Health, Army Act 1950, BNSS 2023
Introduction
Desertion is the unauthorized abandonment of military duty and it is a serious offense in India. Section 38 of the Army Act 1950 prescribes severe penalties including death or imprisonment up to seven years for deserters[1]. Complementing this, Section 35(1)(g) of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) authorizes police officer to arrest suspected deserters without a warrant.[2] While these laws emphasize discipline and enforcement, they don’t explicitly consider the mental health issues that often underlie desertion. This article explores the intersection of mental health, mens rea and the legal frameworks, advocating for reforms that address the psychological realities faced by the service members.
Mental Health Challenges in Armed Forces
Prevalence and Impact
Military personnel face unique stressors including combat, separation from family and high stakes operational situations. These factors contribute to a higher prevalence of mental health disorders such as post-traumatic stress disorder (PTSD), depression, and substance misuse among service members.[3]Studies indicate that PTSD rates among front-line troops can range from 3% to 7%.[4]Through semi-structured interviews with 53 purposively selected deserters it has been found that mental health challenges are strongly associated with increased risk of misconduct, including desertion.[5]
Stigma and Barriers to Care
Despite the high incidence of psychological distress, stigma and institutional barriers often deter service members from seeking help.[6] This underutilization of mental health services can aggravate impair judgment and, in some cases,lead to desertion.
Desertion: Causes and Legal Implications
Psychological and Social Factors
Qualitative research identifies several causes of desertion including psychological distress, family concerns, and dissatisfaction with organizational culture. Untreated mental health crises, particularly PTSD and depression, are significant predictors of desertion.[7]
Mens Rea and Criminal Responsibility
The doctrine of mens rea or criminal intent is crucial to establish culpability in legal proceedings. In cases of desertion, this requires proof that the accused intended to abandon his duty. However, mental disorders can impair judgment or volition, complicating the assessment of intent.[8] For example, PTSD may cause dissociative episodes, potentially negating the requisite mens rea for desertion.[9]
[1]The Army Act. (1950). New Delhi: Government of India. Retrieved from https://www.indiacode.nic.in/bitstream/123456789/1930/5/A1950-46.pdf
[2]Bharatiya Nagarik Suraksha Sanhita . (2023). New Delhi: Ministry of Home Affairs. Retrieved from https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
[3]Holliday, S. B., Pedersen, E. R., & Lehavot, K. (2017). The association between discharge status, mental health, and substance misuse among young adult veterans. Psychiatry Research, 256, 488-494. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5603389/
[4]Ulrich Wesemann, K.-H. R. (2024). Incidence of mental disorders in soldiers deployed to Afghanistan. Frontiers in Public Health. Retrieved from https://www.frontiersin.org/journals/public-health/articles/10.3389/fpubh.2024.1357836/full
[5]Gholamzadeh, S., Changi Ashtiyani, J., Avakh keysomi, F., Jahandari, P., & Rahnejat, A. M. (2019). Investigating the causes of desertion: A qualitative study. MCS Journal of Military and Civilian Health, 7(2), 65-73. Retrieved from https://mcs.ajaums.ac.ir/article-1-509-en.html
[6]Moore, M. J., Shawler, E., Jordan, C. H., & Jackson, C. A. (2024). Veteran and military mental health issues. In StatPearls. Treasure Island, FL: StatPearls Publishing. Retrieved from https://www.ncbi.nlm.nih.gov/books/NBK572092/
[7]Assasahegn Tedla, S. A. (2024). Post-traumatic stress disorder among military personnel admitted at a tertiary psychiatric hospital. Frontiers in Psychiatry, 15, Article 1410630. Retrieved from https://www.frontiersin.org/journals/psychiatry/articles/10.3389/fpsyt.2024.1410630/full
[8]Moore, M. J., Shawler, E., Jordan, C. H., & Jackson, C. A. (2024). Veteran and military mental health issues. In StatPearls. Treasure Island, FL: StatPearls Publishing. Retrieved from https://www.ncbi.nlm.nih.gov/books/NBK572092/
[9]Assasahegn Tedla, S. A. (2024). Post-traumatic stress disorder among military personnel admitted at a tertiary psychiatric hospital. Frontiers in Psychiatry, 15, Article 1410630. Retrieved from https://www.frontiersin.org/journals/psychiatry/articles/10.3389/fpsyt.2024.1410630/full