7 months ago
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The parent of an Agniveer who died successful enactment has moved the Bombay High Court seeking parity successful posthumous benefits for families of soldiers recruited nether the Agnipath scheme. The petition, filed by Jyothibai Shriram Naik, challenges what she calls the “discriminatory denial” of semipermanent pensionary and payment entitlements routinely granted to families of regular soldiers.
Her son, Agniveer M. Murali Naik, was killed connected May 9 this twelvemonth during aggravated cross-border shelling successful Poonch, Jammu & Kashmir, portion serving with the 851 Light Regiment. In her petition, Ms. Naik stated that this lawsuit represents the archetypal battlefield casualty nether the Agnipath scheme, a information that underscores the urgency of judicial scrutiny.
The petition, filed nether Article 226 of the Constitution, does not question to onslaught down the strategy wholly but contests its operational consequences that exclude Agniveers’ families from lifelong security. It argues that the denial of benefits violates Articles 14 and 21, creating an arbitrary classification betwixt 2 categories of soldiers who execute identical duties and look identical risks.
“My lad wore the aforesaid uniform, took the aforesaid oath, and faced the aforesaid dangers arsenic immoderate regular soldier. Yet, due to the fact that of the presumption of the Agnipath scheme, his ultimate sacrifice is not recognised with the dignity, honor, and information that the household of a martyred worker is expected to receive,” Ms. Naik stated successful her plea.
The petition seeks directions to assistance liberalised household pension, gratuity, ex-servicemen status, healthcare benefits, and organization designation to families of Agniveers who dice successful service. It besides calls for inclusion of specified martyrs successful authoritative memorials and parity successful ceremonial honors.
Ms. Naik, a Mumbai resident, describes herself arsenic a housewife who was wholly babelike connected her son’s income. “The abrupt and tragic nonaccomplishment of my lone kid has near america successful affectional devastation and acute fiscal insecurity,” she said, adding that her hubby is unemployed.
The plea relies connected a December 2024 study of the Parliamentary Standing Committee connected Defence, which recommended that families of Agniveers killed successful enactment should person the aforesaid benefits arsenic those of regular soldiers. The committee warned that creating “two classes of martyrs” undermines morale and violates principles of equality. While families of regular soldiers killed successful enactment person lifelong pensions and payment support, Agniveers’ next-of-kin are constricted to a one-time compensation bundle of astir ₹1 crore, including security and ex-gratia payments.
“This cannot substitute the stableness and dignity inherent successful a lifelong household pension,” the petition argued.
Ms. Naik had earlier submitted a elaborate practice to the Defence Ministry connected July 3, seeking parity successful benefits. “Despite the transition of sizeable time, the said practice remains undecided,” the petition noted. It besides invokes doctrines of morganatic anticipation and non-retrogression, asserting that abrupt withdrawal of long-standing payment protections without legislative authorisation is unconstitutional.
Advocate Prakash Ambedkar volition look for the petitioner, portion the petition has been filed done advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi. The substance is expected to travel up for proceeding successful the coming weeks.
