Summary of this article
The case was prompted by a media report earlier this month that detailed how cadets discharged on medical grounds are left to fend for themselves, with no access to disability pensions or health coverage, since their injuries occur before commissioning. The apex court has drawn attention to a grey zone in India’s military welfare policies.
The Supreme Court has stepped in to examine the hardships faced by young cadets who suffer life-altering injuries during their military training but find themselves without adequate insurance or rehabilitation support.
On Monday (August 18), a bench of Justice BV Nagarathna and Justice R Mahadevan issued notices to the Union Ministries of Defence, Finance and Social Justice, along with the Chiefs of Defence, Army, Navy and Air Force, in a suo motu case.
The apex court pointed to pressing questions: Should monthly medical expenditure for such cadets be increased? Could insurance schemes be designed to cover the risks of death or disablement during training? And, importantly, can rehabilitative avenues be opened through reassessment and re-training after treatment?
Why did SC highlight this issue?
The case was prompted by a report in The Indian Express earlier this month that detailed how cadets discharged on medical grounds are left to fend for themselves, with no access to disability pensions or health coverage, since their injuries occur before commissioning.
The bench, therefore, made clear that the rights of these cadets under the Persons with Disabilities Act, 2016, need to be considered.
What did the ruling say?
During the hearing, it was found that no insurance scheme currently exists for trainee cadets, though a proposal to bring them under the Ex-Servicemen Contributory Health Scheme (ECHS) is pending.
Taking note of this, Justice Nagarathna stressed the need for a group insurance scheme, noting that such a measure would not weigh heavily on the armed forces themselves. “Every trainee has to be insured because the risk is very high. We want brave people to join the forces. If they are left high and dry owing to possible injury, they will be disheartened,” she said.
She further suggested that cadets with permanent disabilities could be considered for desk roles within the services. “If you come up with such a scheme that will be a great act of social justice,” Justice Nagarathna remarked, while also proposing lump-sum compensation in cases where rejoining was impossible.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the armed forces currently do not have non-combatant roles, noting, “Even if someone is at a desk job, they are considered combatants… Those are the rules.” However, she assured the bench that, with the court now highlighting this matter, authorities would revisit these questions.
The Supreme Court has now allowed lawyers representing disabled cadets to submit written suggestions to Bhati and listed the matter for September 4. By opening this debate, the court has drawn attention to a grey zone in India’s military welfare policies, particularly one that leaves behind young men and women injured in the very act of preparing to serve.
