Supreme Court Seeks Union's Response On Insurance Coverage & Rehabilitation For Cadets Disabled During Military Training

A bench of Justice BV Nagarathna and Justice R Mahadevan asked the authorities to examine whether monthly medical expenditure for disabled cadets could be increased, whether insurance coverage could be provided to meet contingencies of death or disablement, and whether injured cadets could be reassessed after treatment for rehabilitation. The Court also said their rights under the Person with Disabilities Act, 2016 should be considered.

"During the discussion, this court pointed out whether there could be an increase in medical expenditure payable per month to the cadets. Whether there could be insurance coverage for the trainee cadets to beat any such contingencies of death or disablement. Whether there could be a reassessment of the injured cadets after their treatment is completed, and thereafter any suitable training could be given to them so that they could be rehabilitated. Further, the rights that such candidates have under the Disabilities Act could also be examined by the respondents", the Court recorded.

During the hearing, the court was informed that there was no insurance scheme for trainee cadets, however, a proposal to cover the cadets under the Ex-Servicemen Contributory Health Scheme (ECHS) is pending.

Justice Nagarathna observed, “If there is group insurance for the cadets, even the department will not be burdened. It will be on the insurer. Every trainee has to be insured because the risk is very high. We want brave people to come into the forces. If they are left high and dry owing to possible injury, they will be disheartened and there will be no incentive to...And nobody can predict an injury.”

She further asked if cadets could be accommodated in desk jobs within the forces depending on the extent of their disability. “If you come up with such a scheme that will be a great act of social justice,” she said. The Court also suggested that a lump sum amount could be considered in cases where cadets had no possibility of rejoining the services.

Additional Solicitor General Aishwarya Bhati submitted that the military does not have non-combatant roles. “Even if someone is a desk job, even they are combatants…Those are the rules. Now that the court has taken up we will give a different impetus to this,” she said.

Justice Nagarathna suggested that some office jobs could also be explored for such cadets.

After Additional Solicitor General Aishwarya Bhati submitted that she will have a discussion with the relevant authorities regarding the issues in order to come up with a solution, the Court listed the matter on 4th September. It also allowed the counsels representing various disabled cadets to submit their written suggestions to Bhati.

The Court took the case following a report published in The Indian Express on August 12, which highlighted the plight of cadets medically discharged after suffering disabilities at premier institutions such as the National Defence Academy and the Indian Military Academy.

According to the report, since their injuries occurred before commissioning, these cadets are denied ex-servicemen benefits like disability pension or treatment under the Ex-Servicemen Contributory Health Scheme, leaving them to bear mounting medical expenses without institutional support.