Supreme Court Urges Union To Enhance Monetary & Insurace Aid For Cadets Injured During Military Training

“As far as monetary benefit is concerned, we have perused the amounts that are provided ex gratia with effect from 2017. Having regard to the lapse of time since 2017 we find that endeavour could be made to enhance the said figures accordingly particularly bearing in mind the current inflation and the price rise”, the Court stated.

A bench of Justice BV Nagarathna and Justice Prashant Kumar Mishra appointed Senior Advocate and former Delhi High Court judge Rekha Palli to assist the Court in the suo moto case concerning the plight of invalidated and outboarded military cadets.

“Having regard to the wide ramifications this matter would have on outboarded cadets, we wish to appoint Shrimati Rekha Palli, learned senior advocate as amicus to assist this court. List on 7^th October”, the Court ordered.

During the hearing, Additional Solicitor General Aishwarya Bhati submitted that since August 29, all cadets discharged due to a disability attributable to or aggravated by training have been included in Ex-Servicemen Contributory Health Scheme (ECHS) and their medical needs will be fully taken care of without any bar or capping.

She said that in cases of death, an ex-gratia of ₹12.5 lakh is paid along with ₹9,000 per month to the next of kin. In cases of disablement, cadets receive an ex-gratia of ₹9,000, and ₹16,000 for 100% disability, proportionately reduced according to the degree of disability. She added that cadets are also covered under subscription-based insurance schemes run by the Army, Air Force and Navy.

Bhati told the Court that the Army Group Insurance Fund is funded by monthly insurance premiums paid by service personnel and provides ₹1 crore in case of death and ₹25 lakh for 100% disability, proportionately reduced for lesser disability, with an ex-gratia of ₹50,000 if disability is below 20%.

On the issue of resettlement of the cadets, she said that facilities are currently available only to commissioned ex-servicemen, but efforts are being made through the Director General of Resettlement and a proposal of March 2024 is under consideration.

Justice Nagarathna suggested that cadets could be accommodated in desk jobs where possible and treated as a separate category.

“These are educated people they have cleared the entrance exam. They are capable of doing... Not as ex-serviceman but if some sort of desk job can be given as far as possible where they are located. Come up with something regarding resettlement. Don't consider them a service man or ex-serviceman but as a category by themselves”, she said.

The Court appreciated the Union Government's decision to extend ECHS facilities to the cadets, but noted that the other monetary benefits, such as the ex-gratia amounts, fixed in 2017, should be revised in view of inflation and rising costs.

It observed that the existing insurance schemes may not be adequate in cases where outboarded cadets are unable to secure employment after disablement. The bench requested that the government consider expanding the insurance cover.

“We find the insurance scheme which is currently in existence through which compensation is provided for death or disablement may not be adequate in the context of disablement leading to a situation where the outboarded candidates are unable to seek any other employment. Therefore we request that efforts could be made to enhance the insurance cover for the outboarded cadets and also expand it both quantitatively as well as qualitatively in the form of group insurance based on yearly admissions in NDA and IMA and other such institutions”, the Court stated.

The Court further directed the respondents to consider submissions for medical reassessment of cadets after completion of treatment for the purpose of resettlement.

“The respondents are requested to consider this submission and accordingly to formulate scheme for medical reassessment once the medical treatment is completed of the outboarded cadets for the purpose of resettlement”, the Court stated in its order.

Justice Nagarathna said that while the Army may not be able to provide jobs, certification of their capability could help them secure other employment. “See you may not be able to give a job, that's one thing. But the certificate will help them. They may be able to get any other job if the Army has certified that they are capable of a particular job”, she remarked.

The case will be taken up next on October 7.

Background

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.

Last month, the Court issued notice to the Union Ministries of Defence, Finance and Social Justice, as well as the Chiefs of Defence Staff, Army Staff, Air Staff and Naval Staff.

The Court asked the authorities to examine whether monthly medical expenses for such cadets could be increased, whether they could be provided insurance cover, and whether reassessment after treatment could help in their rehabilitation. It also directed that their rights under the Rights of Persons with Disabilities Act, 2016 be considered.

On that day, the bench was informed that cadets are not covered under any insurance scheme, though a proposal to bring them under the Ex-Servicemen Contributory Health Scheme (ECHS) is pending.

Justice Nagarathna observed that group insurance would reduce the burden on the department and suggested that cadets could also be accommodated in desk jobs depending on their disability.

Additional Solicitor General Aishwarya Bhati submitted that the armed forces do not have non-combatant roles, but assured that the matter will be examined by the government. The Court allowed counsels for disabled cadets to submit written suggestions.