Salute to sacrifice: How disability pension for armed forces veterans won legal sanctity
For veterans, the percentage of disability is a critical factor that determines their pension and associated benefits. In September 2023, the ministry of defence revised the disability benefit rules, but clarified that the rule would apply only to those persons who retire after September 21, 2023, with no retrospective application.Chief of defence staff General Anil Chauhan made it clear the disability pension-related rules had been revised to protect genuine soldiers' requirements. 'A study was [done] to protect the genuine interest of the personnel, who acquired disability during service, while preventing the exploitation of its liberal provisions from misuse,' he said.On July 1, while delivering the order, the high court bench stated that the purpose of granting disability pension to personnel of the Indian armed forces was to provide necessary financial support to those who had sustained a disability or illness during their service, due to service conditions.'It is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by them, which manifests in the form of disabilities/disorders suffered during their military service. Such a pension ensures that a soldier who suffers injury or disability due to service conditions is not left without support and is able to live with financial security and dignity. It is a measure that upholds the State's responsibility towards its soldiers, who have served the nation with courage and devotion,' the court noted.Appearing on behalf of the government, the attorney general informed the high court that in the present batch of petitions, none of the 'individuals has been out of service'. Consequently, not a single one of them is, per se, eligible to be considered for the award of disability pension. He further submitted that the Armed Forces Tribunal did not consider the revised entitlement rule of 2008 by the ministry of defence while passing on judgment. 'Such a departure from the provisions clearly enunciated by the government of India has rendered its policies on the subject completely irrelevant, redundant and ineffective,' the attorney general argued.advertisementWhile challenging the disability element to pensioners, the attorney general submitted that in the current cases, the disabilities of the respondents were assessed by the Release Medical Board (RMB) as well as by the competent/appellate authorities as neither attributable to nor aggravated by the military service, after considering their entire medical history and service record.While concluding his stand, the attorney general stated that the medical board consists of experts who thoroughly assess individuals and their complete medical history in accordance with the relevant medical provisions. Based on this examination, they determine whether the disability can be considered attributable to or aggravated by military service. 'Therefore, the courts, within their limited scope of judicial review, should refrain from disputing the opinion of the medical board unless there is compelling medical evidence on record to contradict it,' he added.advertisementHowever, the court stated that it must always be kept in view that the armed forces personnel, while defending the country, have to perform their duties in extremely harsh and inhuman weather and conditions, wherein surviving each day is a challenge. It is, therefore, incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease/disability suffered by the personnel cannot be said to be attributable to or aggravated by such service conditions.This onus is not discharged by the RMB by simply relying on when such disability/disease is noticed first.It also said that it must be noted that even in peace stations, military service is inherently stressful due to a combination of factors, such as strict discipline, long working hours, limited personal freedom and constant readiness for deployment. The psychological burden of being away from family, living in isolated or challenging environments, and coping with the uncertainty of sudden transfers or duties adds to this strain. The toll of continuous combat training further contributes to mental fatigue.'Despite the absence of active conflict or the challenges of hard area postings, the demanding nature of military life at peace stations can significantly impact the overall well-being of personnel,' the court said, adding that soldiers are always aware that threat is never far away.advertisementThis environment, wherein danger is a constant reality for their peers and could become their own at any moment, creates a persistent state of mental and emotional strain that cannot be overlooked. Thus, military service, whether in peace locations or operational zones, inherently carries stress that may predispose armed force personnel to medical conditions, including hypertension, the court observed.Subscribe to India Today Magazine- Ends
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