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Navdeep Singh - Citizens For Soldiers
Navdeep Singh - Citizens For Soldiers
Navdeep Singh - Citizens For Soldiers
expected to stand behind them rather than stand against them in an adversarial role. It
is painful to even imagine the agony caused to poor soldiers and their families who,
from far off places, are forced to litigate by the MoD till the Honble Supreme Court with
meagre resources.
6.
Disability benefits are granted quite liberally in all democracies but in India these
are made subject to many Ifs and Buts leading to a hyper-technical and literal approach
rather than a liberal approach as is intended by the rules. For example, many disabilities
such as psychiatric and cardiovascular disorders are termed as Neither Attributable to,
Nor Aggravated to military service resulting in denial of disability benefits not realizing
that irrespective of whether a person in deployed in field or peace, there is inherent
stress and strain in military service coupled with the fact that a person operates away
from family during most of his/her service in a regimented lifestyle under a strict
disciplinary code. Within the system, there is denial of benefits at many stages starting
from military medical boards to administrative authorities, who, at times even easily
blame domestic reasons for stress related disorders again not realizing that a person
remaining away from family due to the very nature of military service is torn between
domestic requirements that he cannot attend to (as other common citizens can) on one
hand and the call of duty on the other. Such issues have already been favourably
emphasized by the Honble Supreme Court in the two recent decisions of Dharamvir
Singh Vs UOI (Civil Appeal 4949/2013) decided on 02 July 2013 and K Srinivasa Reddy
Vs UOI (Civil Appeal No 5140/2011) decided on 09 Oct 2014 and by the Honble Punjab
& Haryana High Court in Umed Singh Vs UOI (CWP 7277/2013) decided on 14 May
2014 and Barkat Masih Vs UOI (CWP 1792/2013) decided on 23 May 2014. In fact, in
most operationally active armies, any disability arising in a person while in military
service or during authorized leave is deemed and presumed to be related to service
unless caused due to gross negligence or substance abuse.
7.
It would also be appropriate to recall that appreciably many MPs cutting across
party lines have taken up this issue in the past, including Ms Smriti Z Irani, who did so
in August 2013, in the following terms:
...though the rules of granting disability pension are inherently very liberal and
also endorsed as such by the Supreme Court in the recent judgment of
Dharamvir Singh Vs. Union of India, yet many cases of disabilities arising during
military service are restrictively and hyper-technically declared neither
attributable to, nor aggravated by military service by the MoD leading to denial of
disability pension to disabled soldiers. Also, military personnel with non-service
related disabilities discharged with less than 10 years of service are not entitled
to any form of pension leading to denial of the right to live a life of dignity,
whereas the employment of civilian employees on being disabled is protected
under section 47 of Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 enabling them to earn full pension.
Majority of appeals and SLPs filed by MoD before the Supreme Court are against
their own disabled soldiers on the specious ground that courts and tribunals have
granted relief against Defence Ministrys policy. More than one lakh retired
defence personnel have been affected.
Ironically, far from safeguarding the welfare of retired soldiers, sailors
and airmen, many of them disabled from battle injuries or the bleak conditions of
service, the DESW stonewalls and holds off payment until an ex-serviceman
claimant is either dead or broke.
In view of the above, I urge the Government to intervene in the matter to
resolve the issue and ensure that soldiers who made sacrifices for the nation get
their rightful and respectful due...
8.
For the defence community, the ruling majority party had also kindly included
minimizing of appeals as one of the points in the defence section of its manifesto and
even You Sir (the Honble Prime Minister) had objected to litigation involving disabled
soldiers in your first campaign in Rewari in Haryana. It is hence legitimate to expect that
both of you, that is, the Honble PM and the Raksha Mantri, would be forceful enough to
make the MoD realize the morbidity and the anti-veteran character of their attitude in
making disabled, war disabled, maimed, handicapped and infirm soldiers the target of
such sadistic ego-fuelled litigation which emerges not out of genuine legal points but out
of administrative egotism when mere common soldiers, especially of the lower ranks,
manage to get relief in Courts against the mighty system, the MoD.
9.
With this sanguine hope, all of us hence appeal to you Honble PM and Raksha
Mantri ji, to initiate the following steps:
A.
Direct Ministry of Defence to withdraw litigation initiated
against our disabled soldiers & military widows related to the subject
of their disability and pensionary benefits at the earliest.
B.
Constitute a committee, with stakeholders and independent
experts as members, to resolve all other policy anomalies which
have given rise to litigation in issues concerning military veterans
and widows.
C.
Ensure that officers serving in the Ministry of Defence in
general, and Department of Ex-Servicemen Welfare in particular, are
sensitized towards the needs and requirements of the military
community and realize that it is their first pious obligation to serve
soldiers, veterans and their families, giving them due respect and
dignity which they deserve.
Thanking you in anticipation
CITIZENS FOR SOLDIERS
Endorsed by
Kabir Bedi
International Actor
Cavaliere Ordine al Merito della
Repubblica Italiana
Justice Ghanshyam Prasad
Former Judge, Patna High Court
Former Member
Armed Forces Tribunal
Chinmayi Sripaada
Sucheta Dalal
Nitin Gokhale
Journalist
Author
Defence Analyst
Rahul Ravindran
Actor
Navdeep Singh
Vice President
Continental Device India Limited
Lawyer
Author