Why is this in News?
- The Supreme Court, in a case concerning medically discharged officer cadets, received amicus curiae recommendations.
- The amicus suggested adopting provisions similar to the Department of Military Affairs (DMA) 2022 proposal.
- The issue highlights:
- Disability rights in armed forces.
- Gaps between policy intent and implementation.
- Constitutional guarantees of equality and dignity.
Relevance
- GS II:
- Welfare of armed forces, role of judiciary
- Executive accountability and policy implementation
- GS I:
- Disability issues, social justice
Who are Medically Discharged Cadets?
- Officer cadets discharged due to:
- Injuries or disabilities attributable to or aggravated by military training.
- Many are released before commissioning, leading to:
- Denial of pensions and post-service benefits.
- Unequal treatment compared to commissioned officers.
Legal & Constitutional Background
Constitutional Provisions
- Article 14: Equality before law.
- Article 21: Right to life with dignity.
- Article 33: Permits restrictions on armed forces, but not arbitrary discrimination.
Statutory Framework
- Rights of Persons with Disabilities Act, 2016 (RPwD Act):
- Recognises service-related disability.
- Mandates non-discrimination and reasonable accommodation.
- Judicial trend:
- Courts have repeatedly held that training-related injuries are service-related.
What Did the DMA Propose in 2022?
A comprehensive welfare package for disabled officer cadets, including:
- Statutory disability pension with parity:
- Same benefits as commissioned officers.
- Broad-banding of disability percentage:
- Prevents denial due to marginal assessment differences.
- Family pension provisions.
- Healthcare coverage:
- Access to Ex-Servicemen Contributory Health Scheme (ECHS).
- Rehabilitation support:
- Prosthetics.
- Physiotherapy.
- Mental health care.
- Resettlement assistance:
- Skill development and alternative employment.
Status:
- Proposal approved by Service Headquarters.
- Yet to be implemented by the government.
Amicus Curiae’s Key Suggestions
- Implement DMA 2022 plan in toto for disabled cadets.
- Extend statutory disability pension even if discharge occurs pre-commission.
- Apply broad-banding to ensure parity and fairness.
- Ensure continuity of medical and rehabilitation support.
- Avoid ad hoc, case-by-case relief; adopt a uniform policy.
Core Issues Highlighted
Arbitrary Classification
- Cadets injured:
- Before commissioning → denied benefits.
- After commissioning → eligible.
- Violates reasonable classification test under Article 14.
Gap Between Policy and Practice
- DMA framework exists.
- Non-implementation reflects:
- Bureaucratic inertia.
- Weak accountability mechanisms.
Dignity and Moral Obligation
- Cadets injured while preparing to serve the nation.
- Denial of support undermines:
- State’s duty of care.
- Military morale and ethical governance.
Broader Implications
Military Human Resource Management
- Discourages talented youth from joining armed forces.
- Weakens trust in institutional fairness.
Disability Rights Discourse
- Tests inclusivity within uniformed services.
- Aligns with India’s commitments under:
- UN Convention on the Rights of Persons with Disabilities (UNCRPD).
Civil-Military Relations
- Welfare of soldiers and cadets central to:
- Democratic oversight.
- Professional armed forces.
Way Forward
- Immediate implementation of DMA 2022 proposal.
- Statutory backing to avoid executive discretion.
- Time-bound decision-making in disability assessment.
- Independent medical boards with transparency.
- Harmonisation with RPwD Act, 2016.
