The Supreme Court recently voiced strong concerns regarding the severe disparity in how military cadets who are medically discharged during training are treated. The court highlighted a stark contrast: while other recruits injured during their training receive certain benefits, cadets on the cusp of becoming commissioned officers, who are forced to abandon their careers due to training injuries, are often left without support.
A bench comprising Justices B.V. Nagarathna and R. Mahadevan pointed out this glaring injustice, stating, “Recruits who don’t complete their training are still eligible for benefits, yet those aspiring to become officers, who face forced discontinuation due to training-related injuries, are left in a precarious situation. This creates significant resentment.”
Recognizing this unfair treatment, the Supreme Court instructed the Union government to explore establishing a rehabilitation program specifically for these cadets. The bench noted that their numbers are “minuscule,” suggesting that such a scheme wouldn’t impose a substantial financial burden. Justice Nagarathna emphasized this point to Additional Solicitor-General (ASG) Aishwarya Bhati, who was representing the Union, stating, “The count of such individuals is quite small… it’s not a massive financial undertaking.”
In response, Ms. Bhati assured the court that the issue would be escalated to experts within the service headquarters. Their recommendations would then be sent to the Ministries of Defence and Finance for a collaborative review, with the government’s final decision to be presented to the court afterward.
The Bench praised the ASG’s submission as “reasonable and positive,” granting the authorities until November 18 to develop a concrete proposal.
The court’s intervention stemmed from a suo motu (on its own motion) case addressing the difficult circumstances of cadets discharged from elite military academies like the National Defence Academy (NDA) and the Indian Military Academy (IMA) due to training-related injuries. These proceedings began on August 12, sparked by a media report that brought these cadets’ struggles to light.
Senior advocate Rekha Palli, a former Delhi High Court judge appointed as amicus curiae (friend of the court) in this case, brought to the court’s attention a 2015 report. This report, compiled by a committee formed by the Defence Ministry and led by Lieutenant General (Retd.) Mukesh Sabharwal, was originally tasked with examining service and pension issues, reducing legal disputes, and improving grievance mechanisms within the military.
Ms. Palli highlighted that the 2015 committee had specifically identified a critical gap: the absence of adequate medical facilities and disability pensions for cadets forced out of service due to training injuries. She remarked, “It has been 10 years… and no concrete steps have been taken.” She also presented written recommendations, advocating for robust medical aid, financial assistance, resettlement opportunities, and comprehensive insurance for these discharged cadets.
In its official order, the Bench stressed the necessity for authorities to first acknowledge the “status and position” of cadets whose training was cut short by injuries, particularly since they were on the verge of becoming commissioned officers. The court stated, “These individuals, who would have joined as entry-level commissioned officers, currently lack any formal status or recognition for the injuries sustained during their training. As a result, these discharged cadets have been deprived of suitable facilities and support.”
Advocating for an Insurance Scheme
During a previous hearing, the court had already instructed the Union government to establish an insurance scheme and improve medical assistance for these trainee cadets. The court had warned that aspiring military personnel “cannot be left stranded” or “discouraged” after dedicating themselves to joining the armed forces. It also urged authorities to consider various rehabilitation options, including reassessment post-treatment and opportunities for appropriate employment.
A primary complaint from these cadets is their exclusion from the “ex-servicemen” (ESM) classification. This omission prevents them from utilizing the Ex-Servicemen Contributory Health Scheme (ECHS), which provides free medical care at military hospitals and approved private facilities. The official stance is that because their injuries happened during training—prior to their formal commissioning—they do not meet the criteria for ESM status.
In stark contrast, soldiers who incur similar injuries are granted ex-servicemen recognition and receive full healthcare benefits. For the medically discharged cadets, however, the current aid is limited to an ex gratia payment of up to ₹40,000 per month, the amount varying with the severity of the disability. This sum has consistently been deemed insufficient to cover even fundamental medical and living expenses.