Supreme Court Initiates Review to Address Plight of Disabled Military Cadets

The Supreme Court of India has taken suo motu cognizance of the hardships faced by military cadets who are rendered disabled during training, seeking a response from the Central government on measures to alleviate their struggles. The matter, prompted by a report published in The Indian Express, is being heard by a Bench comprising Justices BV Nagarathna and R Mahadevan.

Examination of Compensation, Insurance, and Legal Rights

The Bench stated it will delve into several critical aspects regarding the welfare of injured cadets, including:

a) Potential Enhancement of Monthly Compensation: The Court is considering whether the current levels of compensation for such cadets can be increased.

b) Scope of Insurance Coverage: The appropriateness and availability of insurance schemes for cadets undergoing military training are under review.

c) Reassessment and Rehabilitation: The Bench will examine if medical reassessment can be conducted after a cadet’s treatment progresses to a particular stage, and if suitable rehabilitation, including alternative training, can be provided.

d) Rights Under the Rights of Persons with Disability Act, 2016 (RPwD): There will be an assessment of the applicability of the Act and the scope of rights for cadets who suffer disabilities while in training.

Government’s Response and Court Directions

During proceedings, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Central government, assured the Supreme Court of a comprehensive response after consultations with relevant authorities. The Court has requested the counsel for cadets to also submit their suggestions to the government.

Notices have been issued to several key ministries and departments, including:
Ministry of Defence
Ministry of Finance (Department of Defence)
Chief of Defence Staff
Chiefs of Army, Navy, and Air Force
Ministry of Defence (Department of Ex-servicemen Welfare)
Ministry of Social Justice (Department of Disability)

The next hearing is scheduled for September 4.

Cadets’ Concerns: Absence of Insurance and Benefits

Legal counsel representing some affected cadets highlighted significant concerns:

Many cadets do not have any insurance cover.
Ex-gratia compensation is sometimes denied.
Since they do not achieve the status of “ex-servicemen,” they are excluded from benefits typically available to veterans.
The RPwD Act, according to submissions, is not currently extended to cover these cadets.

The Bench, expressing empathy for the predicament of the cadets, observed, “But for the disability, they would have joined the forces. But this is unfortunate that they meet with an accident during training not owing to their negligence. How to take care of such people. They (the Union government) can get instructions. If they don’t get ex-servicemen status they can still get some benefits.”

Rehabilitation and Alternative Opportunities

The Supreme Court indicated its intention to explore rehabilitative measures, including the possibility of:

Re-inducting cadets who are medically cleared back into the defence services.
Exploring roles in ancillary services, such as desk jobs or roles adapted to their abilities.
Providing alternative training considering the nature and extent of disabilities sustained.

The Bench also clarified that it would not interfere with similar cases pending before various High Courts.

Outlook

The Supreme Court’s intervention represents a significant step toward addressing long-standing gaps in the welfare framework for military cadets injured in training—an area marked by a lack of insurance, inconsistent compensation, and limited legal rights. The forthcoming hearing will likely set the stage for important policy considerations and legal clarity for affected cadets.

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