THE SUPREME COURT TODAY sought the response of the Union government to a suo motu case initiated to examine the measures that can be taken to address the challenges being faced by the cadets who incur disabilities in the course of their military training. These measures include enhancing the monthly compensation, insurance coverage and extending the protections of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) to the affected candidates.
Taking a suo motu cognizance of the matter following a national newspaper report highlighting the hardships faced by such cadets, a bench of Justices B.V. Nagarathna and 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 suffering from 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 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?
[Whether] 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 defence forces if they regain fitness or be rehabilitated in some other manner.
Additional Solicitor General of India, Aishwarya Bhati, told the bench that she would discuss the matter with the concerned authorities and come back with a response. In the meantime, the bench asked the advocate appearing for the cadets to give their suggestions to Bhati.
The advocate appearing for some of the cadets who were disabled during their training told the bench that they did not have insurance.
He put forward that since these cadets were not commissioned, they were not treated as ex-servicemen, and hence were not considered 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 observed.
The matter will be heard next on September 4, 2025.
