Supreme Court hears suo moto case on the struggles faced by cadets who suffer disabilities during military training.
Bench: Justices BV Nagarathna and R Mahadevan
#SupremeCourt #militarytraining #cadets
Bench: Justices BV Nagarathna and R Mahadevan
#SupremeCourt #militarytraining #cadets
Counsel: we have been advancing the cadets’ cause before the Delhi high court since the past 7 years. The prayers are broadbanding and disability compensation.
Court: in a suo moto petition the court speaks first. Allow us to speak.
Court: in a suo moto petition the court speaks first. Allow us to speak.
Court: we noted the article on Indian express. We deliberated and resolved to place it before the CJI to treat it as a suo moto writ petition. CJI has considered it placed it before this bench. We issue notice in the suo moto writ petition.
Counsel: in one prayer they say that we are not members of the armed forces and yet the PWD act does not apply to us.
Court: in the initial stages the issue is to find out whether the trainee cadets are covered under any insurance cover. After they are disabled they are left high and dry except this compensation amount which only Rs. 40,000.
Court: in the initial stages the issue is to find out whether the trainee cadets are covered under any insurance cover. After they are disabled they are left high and dry except this compensation amount which only Rs. 40,000.
Court: is there any insurance cover?
Counsel: there is none.
Union: we will take instructions.
Counsel: currently there is ECHS
Counsel: there are many cases where even ex gratia is not paid to them.
Counsel: they are the only marginalised section. They get ex gratia which is less than the pension.
Court: there can be group insurance. Every trainee has to be insured. The risk is very high. We want people to come into the forces. If they are left high and dry… it’s unfortunate… nobody can predict this. Whether the injured persons are simply discharged. And you are giving them 40k as monthly compensation.
Counsel: there is none.
Union: we will take instructions.
Counsel: currently there is ECHS
Counsel: there are many cases where even ex gratia is not paid to them.
Counsel: they are the only marginalised section. They get ex gratia which is less than the pension.
Court: there can be group insurance. Every trainee has to be insured. The risk is very high. We want people to come into the forces. If they are left high and dry… it’s unfortunate… nobody can predict this. Whether the injured persons are simply discharged. And you are giving them 40k as monthly compensation.
Counsel: since they are not commissioned as ex servicemen they are not entitled to any benefits.
Court: but for the disability they would have joined the forces. But this is unfortunate that they meet with an accident during training not owing to their negligence. How to take care of such people. They (union) can get instructions. If they don’t get ex servicemen status they can still get some benefits.
Court: but for the disability they would have joined the forces. But this is unfortunate that they meet with an accident during training not owing to their negligence. How to take care of such people. They (union) can get instructions. If they don’t get ex servicemen status they can still get some benefits.
Court: 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.
Court: it’s not like there are too many. You should come up with a scheme.
Counsel: after 1998 the ex gratia came into force.
Counsel: every trainee is given benefit of pension only the officer cadets are not covered.
Court: get instructions with regard to medical expenses, insurance and whether any lump sum ex gratia can be granted. And after treatment if there there improvement then fresh assessment and if they can be trained to any other job. For any other post, with the disability. Rehabilitation.
ASG Aishwarya Bhati: we will file comprehensively.
Counsel: after 1998 the ex gratia came into force.
Counsel: every trainee is given benefit of pension only the officer cadets are not covered.
Court: get instructions with regard to medical expenses, insurance and whether any lump sum ex gratia can be granted. And after treatment if there there improvement then fresh assessment and if they can be trained to any other job. For any other post, with the disability. Rehabilitation.
ASG Aishwarya Bhati: we will file comprehensively.
Order: Ld. AoR accepts notice for all the respondents.
Court: you come up with a note.
Order: ld. Counsel representing cadets have also appeared. It was submitted that there are certain petitions pending before the Delhi HC and other HC with similar pleadings. During the proceedings the court considered 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. Ld. ASG submitted that she would discuss the matter with the concerned respondents and revert. In the meanwhile the ld. Counsels for the cadets can also give their suggestions to Miss Bhati.
Court: you come up with a note.
Order: ld. Counsel representing cadets have also appeared. It was submitted that there are certain petitions pending before the Delhi HC and other HC with similar pleadings. During the proceedings the court considered 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. Ld. ASG submitted that she would discuss the matter with the concerned respondents and revert. In the meanwhile the ld. Counsels for the cadets can also give their suggestions to Miss Bhati.
Court: what about the pending matters? We’ll not say anything about it.
Counsel: in those matters are anyway not coming up. There’s no conflict as such. The finance minister has been asked to give a statement he hasn’t till not.
Court: okay, we’ll see now what is to be done.
Counsel: in those matters are anyway not coming up. There’s no conflict as such. The finance minister has been asked to give a statement he hasn’t till not.
Court: okay, we’ll see now what is to be done.
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