Regulations on Books by Defense Personnel
Regulations on Books by Defense Personnel
Context
The Ministry of Defence (MoD) moved to formalize a detailed set of guidelines for publishing books by defense personnel. The catalyst for this move was the major political and security controversy surrounding the memoir "Four Stars of Destiny" by former Chief of Army Staff (COAS), General M.M. Naravane. Despite the book remaining unpublished and awaiting MoD clearance, leaked excerpts and digital "pre-print" copies circulated on social media, leading to heated debates in Parliament regarding operational secrecy.
The Issue: "Four Stars of Destiny"
The controversy centers on the book's alleged revelations concerning:
- Operational Details: High-level decision-making during the 2020 Galwan Valley clash and the standoff at the Line of Actual Control (LAC).
- Policy Critiques: Internal discussions regarding the Agnipath Scheme and troop mobilization strategies.
- Unauthorized Circulation: The appearance of a hardbound copy in Parliament (used by the Leader of the Opposition) and a leaked PDF online, despite the MoD not having granted the mandatory Pre-publication Clearance.
New Framework & Guidelines (2026)
To address the "legal grey area" that previously existed for retired officers, the government has streamlined the following rules:
1. Mandatory Pre-publication Clearance:
- Scope: Applies to both serving and retired personnel of the Regular Army, Navy, and Air Force.
- Process: Manuscripts must be submitted to the MoD (typically through the Directorate General of Military Intelligence or the respective Service Headquarters).
- Vetting: Content is reviewed for sensitive operational data, intelligence inputs, equipment capabilities, and information that could affect foreign relations.
2. Permanent Accountability (Official Secrets Act):
- Personnel are reminded that the Official Secrets Act (OSA), 1923, applies for life.
- Retired officers do not have the same immunity as civilians when it comes to classified information obtained during their tenure.
3. Pension Rules (2021 Amendment Integration):
- The Central Civil Services (Pension) Amendment Rules, 2021, specifically Rule 8, now serves as a deterrent.
- Pension Withholding: Retired officials from intelligence or security-related organizations (listed under the 2nd Schedule of the RTI Act) can have their pension withheld or withdrawn if they publish sensitive "domain-related" information without prior clearance.
Comparison: Serving vs. Retired Personnel
|
Feature |
Serving Personnel |
Retired Personnel |
|
Primary Regulation |
Service Acts (Army/Navy/Air Force Acts) |
Official Secrets Act (OSA) & Pension Rules |
|
Permission |
Prior written permission is explicitly mandatory. |
Generally expected to seek clearance if writing on "service matters." |
|
Legal Status |
Governed by Military Law. |
Governed by Statutory/Civil Law. |
|
Penalty for Breach |
Court Martial / Disciplinary action. |
Criminal prosecution under OSA; Loss of pension. |
Objective: Balancing Rights and Security
The government’s objective is to reach a stable equilibrium between:
- National Security: Protecting tactical strategies, troop movements, and diplomatic nuances that could be exploited by adversaries.
- Freedom of Speech: Allowing veterans to contribute to military history, leadership theory, and strategic discourse without "stifling" the intellectual growth of the force.
Conclusion
The 2026 Guidelines signify a shift toward a "zero-tolerance" policy regarding unauthorized military memoirs. By linking publication clearances to pension benefits and the OSA, the Ministry of Defence aims to prevent the recurrence of the "Naravane-style" deadlock, ensuring that the "Stars of Destiny" are shared only through the lens of national safety.