The Supreme Court Today (Aug 18) asked the Centre to respond on how disabled military cadets can be supported with compensation, insurance, and rehabilitation. The Court expressed deep concern for cadets injured during training and said they deserve fair benefits.
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NEW DELHI: The Supreme Court on Monday asked the Central government to give its response in a case taken up on its own (suo motu) regarding the problems faced by military cadets who suffer disability during their training period.
This case was started after The Indian Express published a report highlighting the issue.
A Bench of Justices BV Nagarathna and R Mahadevan said that the Court will look into many important points like whether the monthly compensation given to such disabled cadets should be increased, whether they can get insurance coverage, and what rights they have under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
The Court recorded in its order:
“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.”
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Central government, assured the Court that she will file a complete affidavit.
The Court noted:
“Ld. ASG submitted that she would discuss the matter with the concerned respondents and revert. In the meanwhile, the ld. counsel for the cadets can also give their suggestions to Ms. Bhati.”
The Court then issued notice to several authorities including 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 the Ministry of Social Justice (Department of Disability).
The case will be heard next on September 4.
During the hearing, the counsel for some cadets told the Court that they do not have any insurance protection, and in some cases even the basic ex-gratia compensation is not given to them.
“Since they are not commissioned as ex servicemen, they are not entitled to any benefits,”
-the counsel submitted.
It was also argued that the RPwD Act does not apply to these cadets.
The Court expressed sympathy for the injured cadets, making an oral observation:
“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 government) can get instructions. If they don’t get ex-servicemen status they can still get some benefits.”
The Bench also discussed ways to bring such cadets back into service or give them alternative opportunities.
“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.
At the same time, the Supreme Court clarified that it will not interfere in similar cases already pending before different High Courts.
CASE TITLE:
IN RE: CADETS DISABLED IN MILITARY TRAINING STRUGGLE
SMW(C) No. 6/2025
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