Long-post on applicability of death related benefits to Next of Kin of deceased defence personnel:

Long-post on applicability of death related benefits to Next of Kin of deceased defence personnel:

I have been watching with disbelief the ill-informed and disturbing commentary on death-related benefits to the parents and widows of deceased defence personnel. Usually, I avoid commenting on issues that assume divisive, controversial or political colour, but seeing misinformation and also certain crass comments on social media, I thought I would be failing in my duty if I do not put across the correct position. 

First things first. The Govt cannot be faulted in these issues and the official policies are well-rounded, time-tested and liberal, even though there are a few areas in which progressive changes can be initiated, as is the case with most policies. All such cases of disputes (or imaginary/imposed disputes) are a matter of interpersonal relations and have no connection with the Govt or the defence services, and neither is their intervention or interference called for, and further, there is no black or white or mathematical solution to such issues and one-sided stories casually thrown into the public domain can do more harm than good, including on the psyche of families. If there are stories of spouses mistreating the parents of the deceased, there also are instances of widows being turned out of the house or forced to marry someone else in the family. One cannot reach a conclusion of right or wrong based only on assumptions. Having said that, please do not get me wrong since this is not to discredit those public spirited individuals who, in human interest, try to bring out such stories of despair and misery.

TYPES OF PENSION

Family Pension in the defence services is (broadly) of three types-

-Ordinary Family Pension (OFP) which is granted when the death is in no manner related to military service, such as death in a road accident while on leave without any connection to service conditions, suicide etc

-Special Family Pension (SFP) when the death is due to factors which have a direct or indirect link with service, such as death while on duty due to a disease incurred while in service, or accident on duty etc

-Liberalised Family Pension (LFP) due to death in operational areas.

IS PENSION A PART OF ESTATE?

Pension/Pensionary benefits do not form a part of ‘Estate’ and CANNOT be determined by the ‘Will’, and in usual circumstances are released only to the spouse. In case of unmarried personnel, it is released to the parents. OFP is released to parents of unmarried personnel subject to an income/means limit, while there is no such condition for SFP and LFP.

CAN PENSION BE DIVIDED?

OFP cannot be divided, however SFP and LFP can be divided between the widow and the parents in case of destitution subject to conditions laid down by the Govt, subject to investigation, such as in case the widow does not support children after remarriage etc.

IS FAMILY PENSION DISCONTINUED ON REMARRIAGE?

SFP and LFP are NOT discontinued on remarriage. Even OFP is not discontinued on remarriage but is subject to an income limit from other sources, whereas there is no such limit for SFP/LFP. Those who are advocating stoppage of Pension on remarriage are advocating a regressive move and taking the clock back to the dark ages while the founding fathers and mothers of this nation took great pains to advocate and encourage widow remarriage, and so did the Government.

NOMINATIONS AND WILLS

Benefits such as Insurance and other amounts which form a part of the ‘Estate’ are supposed to be released as per nomination but are subject to the ‘Will’ of the person or succession laws in case the person dies intestate (without leaving a Will). As the name signifies, a Will is prepared as per the person’s own wish and neither the Govt, nor the Army or family can have a say in the same. The law of succession is much too complex to be discussed on social media, and in fact should not be casually discussed by commentators since these are complicated legal issues which can lead to much complexities for the parties concerned. Even those in full knowledge, or legally qualified, should, IMHO, refrain from rendering ‘advice’ on social media, since neither is it ethical, nor warranted.

POSSIBLE IMPROVEMENTS

What the official establishment can however do to improve the situation is to introduce division of OFP in cases of destitution of parents which is not currently permissible.

Secondly, the allied facilities or in-house facilities of the defence services which are not directly or wholly funded by public exchequer, and invitations to ceremonies etc should be equally extended to parents and spouses. Much of it is done, but the schism can be covered and officially mandated. The acknowledgment of sacrifice of those Killed in Action must flow towards both parents and the spouse. The establishment must have in place an equal outreach to parents and spouses.

Thirdly, most State Govts grant ex-gratia from their own funds to families of soldiers who die in the line of duty. Many States have a policy of dividing the ex-gratia between parents and the spouse. All States can be encouraged to follow such a system. Moreover, the variation of amount between different States can be requested to be bridged by the Central Govt, though it cannot be legally enforced being a State subject. It may not be out of place to mention here that successive Raksha Mantris have made such attempts in the past.

Fourthly, reservations such as in housing, and other facilities such as medical care etc must equally flow to parents and surviving spouses.

Again, to reiterate- the Govt and the defence services have done a lot for the families of those whom we lose in war or otherwise. Much of the issues being discussed on social media are interpersonal and private between the parties where official intervention is neither permissible, nor warranted. Rather than creating gaps between the families, we must find ways to address these issues in a more mature manner.

But then this is not to say that there would not be some horrifying stories or that any such happenings which would shock the societal conscience should be brushed under the carpet or should not be brought out or highlighted. The members of the defence services are part of the same society and are not immune to human faults and sufferings.

The above is only for the purposes of better understanding of issues. 

Please do not use my post for political purposes, and please do not cite or reproduce this or any part of it in any publication. 🙏

Thanks.