The Supreme Court on Monday sought the response of the central government to a suo motu case initiated to examine the measures that can be taken to address the challenges being faced by cadets who incur disabilities in the course of their military training, including enhancing their monthly compensation, insurance coverage and extending the protections of the Rights of Persons with Disabilities Act, 2016.
Taking suo motu cognizance of the matter following a report in The Indian Express highlighting the hardships faced by such cadets, a bench of Justice B V Nagarathna and Justice R Mahadevan flagged many steps that can be considered to mitigate the sufferings being faced by them on account of their disabilities.
The Court issued notice to the Ministry of Defence, Ministry of Finance (Department of Defence), Chief of Defence Staff, Chief of Army Staff, Chief of Air Force Staff, Chief of Naval Staff, Ministry of Defence (Department of Ex-servicemen Welfare) and Ministry of Social Justice (Department of Disability).
To mitigate the hardships faced by those who suffered disabilities in the course of their military training, the court sought to address the steps which included “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 also said it will explore options where they can be inducted back into the defence forces if they regain fitness or be rehabilitated in some other manner.
Additional Solicitor General Aishwarya Bhati told the bench that she would discuss the matter with the authorities concerned and come back with a response. In the meantime, the bench asked the advocate appearing for the cadets to give their suggestions to ASG Bhati.
An advocate appearing for some of the cadets who were disabled during their training told the bench that they do not have insurance. He said that since these cadets are not commissioned, they are not treated as ex-servicemen, and hence are not entitled to any benefits.
“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.
The matter will be heard next on September 4.