Indian Military Veterans

GOVERNMENT TO STOP BURDENING VETERANS WITH LEGAL BATTLES BY SUPREME COURT 

The Supreme Court of India has criticized the Union government for dragging Armed Forces Personnel and their families into unnecessary legal disputes, especially over pensions and disability benefits. These cases not only waste time but also lower the morale of those who have served the nation. The court emphasized the need for clear policies to stop such avoidable conflicts.

Supreme Court’s Stern Warning

On Monday, a panel of Justices Abhay S. Oka and Ujjal Bhuyan disapproved of the government’s decision to challenge an Armed Forces Tribunal (AFT) ruling. The case involved a retired Air Force officer who developed diabetes and hypertension during his service. The tribunal had granted him a rounded-off disability pension of 50%, but the government appealed the decision.

Justice Oka asked, “Why drag those who served the nation into court? These are your people. Show them compassion.” The court dismissed the government’s appeal, calling it unnecessary.

Monday’s Case: A Snapshot

The latest case involved an officer diagnosed with Type 2 Diabetes Mellitus and Primary Hypertension after enduring decades of rigorous Air Force training and associated stress. The Release Medical Board (RMB) had initially denied attributing these conditions to his service. However, the AFT found that the nature of his duties likely contributed to the onset of these ailments. Accordingly, the tribunal granted him the benefit of “rounding off” his disability pension to 50%, citing a precedent established by the Supreme Court.

Despite the tribunal’s reasoned decision, the government appealed, an action the Supreme Court described as unnecessary and counterproductive. The court dismissed the appeal, underscoring the delays and highlighting the compelling merits of the AFT’s order.

A Troubling History of Litigation

This is not an isolated incident. Similar cases have repeatedly found their way to the Supreme Court, prompting criticism of the government’s approach. Notable examples include:

Supreme Court of India – Dharamvir Singh vs. Union of India (2013): The Supreme Court ruled that disability pension should be granted to personnel whose disability is attributable to or aggravated by military service. This case set a precedent for many subsequent claims.

Supreme Court of India – Ex L/Nk Rajput Ajit Singh vs. Union of India (2023): The court upheld the Armed Forces Tribunal’s decision to grant disability pension to a former soldier who had served for 15 years and was discharged due to cardiac issues. The court criticized the government for unnecessary litigation.

Supreme Court of India –The 2024 Naik Inderjeet Singh Widow Case : In a poignant decision, the Supreme Court penalized the Union government and Indian Army ₹50,000 for denying a liberalized family pension to The widow of Naik Inderjeet Singh, who lost his life during a counterterrorism operation. The bench lambasted the authorities for subjecting the bereaved family to years of litigation over technical distinctions, calling it an inhumane approach.

Calls for Policy Reform

The court reminded everyone of the original goal of the Armed Forces Tribunal (AFT), which was created to handle service-related disputes quickly and ease the pressure on higher courts. Justice Oka raised concerns about the constant appeal of these cases to the Supreme Court, asking, “If every case is brought here, what is the point of having the AFT?” He urged the government to show more care and understanding for veterans and their families.

The Impact on Retirees

Ongoing legal battles not only overload the judicial system but also put immense emotional and financial strain on retirees and their families. Many veterans end up stuck in long legal fights, sometimes for years, just to get basic benefits like disability pensions or family support. This process strips away their dignity and weakens their faith in the system.

The court’s recent comments hit home with the armed forces community, which has long called for a more efficient and compassionate way to handle their issues. The delays and refusals not only harm veterans, but they also discourage younger people from joining the forces, affecting recruitment and morale.