Editorial 2: The Supreme Court to the soldier’s rescue

Context

The bureaucracy needs to show greater flexibility and empathy in addressing the often life-altering challenges faced by defence personnel and their families.

Introduction

It was with a sense of relief that one read about the Supreme Court of India taking up, suo motu, the case of cadets boarded out of military academies after suffering severe injuries and disabilities during training, as highlighted in a media report. This neglect has long been a travesty of justice, since the special needs of young cadets who volunteered to serve the nation and endured debilitating injuries were not adequately addressed by the state. The Court may now wish to examine the issue more deeply to ensure fairness and empathy in such cases.

Need for Flexibility and Empathy in Compensation Cases

• Conflict exists between:
  • Bureaucracy’s rigid rule-based approach.
  • The lifelong consequences of medical disabilities sustained in military duty.
• Problem: Existing rules cannot anticipate or address all variations of human misfortune.
• Solution: Two key virtues are essential — flexibility and empathy.
• Illustration: The following two examples highlight this need.

The case of a mother-to-be

• An IAF pilot died in a flying accident; his wife was expectant at the time.
• As per rules:
  • Widow with child → entitled to higher pension.
  • Widow without child → entitled to lower pension.
  • Expectant widow → no provision for enhanced pension.
• Committee members raised the issue; all officials agreed it was valid but said “rules are rules.”
• Suggested solution: “put up a case” for special consideration.
• Concern: Why should this be treated as a special case instead of a general rule?
• Eventually, a case was submitted, and the rules were amended, though the change took several years to implement.

When a Governor acted

An attitude that must change

• Within 10 days of a media article exposing the struggles of disabled cadets and the Supreme Court’s suo motu notice, the government acted voluntarily.
  • It granted these cadets medical benefits on par with ex-servicemen.
• Despite numerous media reports over the years highlighting the plight of injured cadets and the hardships of their families, the bureaucracy remained indifferent.
• The higher judiciary must hold the bureaucracy accountable for its heartless and apathetic attitude.
• A reminder from history: the ‘George Fernandes solution’.
  • When bureaucrats delayed the purchase of snow scooters, Fernandes, then Defence Minister (1998–2001), sent them to Siachen to experience firsth and why jawans needed the equipment.

Conclusion

The bureaucracy must reflect on Chanakya’s timeless wisdom about a soldier’s rightful dues, reimagined in today’s context to highlight the need for empathy towards their medical and personal needs. Chanakya had cautioned that the day a soldier is forced to demand what is rightfully his, it would mark a moment of decline, for the state would then lose its moral authority to govern.