Supreme Court asks Centre if disabled cadets can be treated as ex-servicemen
A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan said a majority of the military cadets were below the age of 30 and would need employment
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Context
The Supreme Court, hearing a suo motu case, has directed the Central Government to consider granting 'ex-servicemen' status to military cadets who are medically discharged due to disabilities sustained during training. This potential policy shift aims to provide these individuals with reservation benefits in government jobs, addressing their employment needs and financial hardships. The case was initiated by the Court after media reports highlighted the plight of hundreds of such cadets discharged from institutions like the since 1985.
UPSC Perspectives
Polity & Governance
This case exemplifies the judiciary's role as a guardian of fundamental rights through judicial activism. The Supreme Court's decision to take suo motu cognizance—initiating proceedings on its own based on a media report—highlights its power to address systemic injustices affecting vulnerable groups. This proactive stance, often rooted in for doing 'complete justice', pushes the executive to formulate a policy where a legislative or administrative gap exists. The court's query on expanding the definition of 'ex-servicemen' is a significant intervention in administrative policy, which is typically the executive's domain. This raises questions about the separation of powers but also underscores the judiciary's responsibility under (Right to Life and Personal Dignity), which includes the right to a dignified life and livelihood. The government's response will test the executive's commitment to the welfare of those injured while preparing to serve the nation.
Social
The core of this issue lies in social justice for a specific group of persons with disabilities. Cadets who are 'boarded out' face a dual vulnerability: the sudden onset of a disability and the loss of a prospective career, leaving them without social or financial security. Granting them ex-servicemen status would be a form of affirmative action, providing them access to job reservations and healthcare benefits under schemes like the . This aligns with the principles of the Rights of Persons with Disabilities Act, 2016, which mandates equal opportunity and non-discrimination. The Act already provides for 4% reservation in government jobs for persons with benchmark disabilities. By including these cadets in the ex-servicemen category, the state would not only be providing a means of livelihood but also acknowledging the sacrifice made during their training, which is as rigorous and risky as active service.
Economic
The economic perspective revolves around the rehabilitation and social security of disabled cadets. Currently, a lump sum ex-gratia payment is insufficient to cover lifelong medical needs and living expenses. The Supreme Court's intervention points towards creating a sustainable economic framework for these individuals. Expanding the 'ex-servicemen' definition is an economically efficient approach as it integrates cadets into an existing, well-established welfare system rather than creating a new one. This system includes not only job reservations in Group 'C' and 'D' posts but also pensionary and health benefits, which reduce the long-term financial burden on the individuals and their families. The Court's suggestion to explore insurance coverage and desk jobs within defence services also points towards creating a comprehensive rehabilitation policy, ensuring these trained, disciplined young individuals can contribute productively to the economy instead of facing destitution.