Supreme Court initiates suo motu case on struggles faced by cadets who suffer disability during military training

The Supreme Court on Monday sought the response of the Central government to a suo motu case initiated to examine and alleviate the struggles faced by military cadets who suffer disability during training.

The matter was initiated based on a report in The Indian Express newspaper.

A Bench of Justices BV Nagarathna and R Mahadevan said it will examine various aspects including whether monthly compensation to such disabled candidate can be enhanced, the insurance coverage application and the scope of their rights under the Rights of Persons with Disability Act, 2016 (RPwD Act).

"During the proceedings, the Court considered whether the monthly compensation can be enhanced, whether there can be an insurance coverage, whether there could be a reassessment of the injured cadets after their treatment is at a particular stage and thereafter any suitable training could be given to them for rehabilitation. The rights that the cadets have under the Disability Act can also be examined," the Court noted in its order.

Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Central government, said she will a comprehensive affidavit.

"Ld. ASG submitted that she would discuss the matter with the concerned respondents and revert. In the meanwhile, the ld. counsel for the cadets can also give their suggestions to Ms. Bhati," the Court said.

The Court proceeded to issue notice to the Ministry of Defence, Ministry of Finance (Department of Defence), Chief of Defence Staff, Chief of Army Staff, Chief of Airforce Staff, Chief of Naval Staff, Ministry of Defence (Department of Ex-servicemen Welfare) and Ministry of Social Justice (Department of Disability).

The matter will be heard next on September 4.

The counsel appearing for certain cadets submitted that they do not have insurance cover and sometimes even ex-gratia compensation is not paid.

"Since they are not commissioned as ex servicemen, they are not entitled to any benefits," it was submitted.

It was also pointed out that the RPwD Act does not apply to them.

The Court empathised with their plight.

"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 (Union government) can get instructions. If they don’t get ex-servicemen status they can still get some benefits," the Bench orally remarked.

The Court also said it will explore options where they can be inducted back into defence forces or be rehabilitated in some other manner.

"There may be some cases where they are able to ultimately get back to the forces. What is the assessment to be done to see if they can get back. If they are not able to, then what benefits can they get. If they are able to get back to any ancillary services - may be a desk job etc. If you can get them back to any other manner. Give them alternative training having regard to the disability," the Bench said.

It also did not interfere with similar matters pending before High Courts.

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