Disabled veterans: Yet another lost opportunity for Modi government

Supreme Court has stepped in to dismiss 800 appeals filed by the ministry of defence against disabled soldiers for settling their disability claims approved by lower courts.

Coming on the eve of Vijay Divas on December 16, the Supreme Court action should highlight the mindless way in which MoD had been appealing against every judgement in favour of disabled soldiers, wasting tax payers money.

Thus the Modi government lost a great opportunity to recoup its fast eroding goodwill among disabled veterans and military men of all hues, but also their families.

The judgement has also set a bench mark for bureaucracy for showing compassion while settling claims of any disabled person.

The fifth pay commission, also peopled by bureaucrats, made a positive gesture to disabled soldiers to minimise subjectivity of medical boards deciding the degree of their disability. It provided for upgrading those assessed with a 50 per cent disability to be treated as 50 per cent while those in the 50 to 75 per cent disability band would be considered as 75 per cent. It also broad banded of those with 76 per cent disability to be considered as 100 per cent.

But the legal tangle that followed is explained well by the eminent military law expert major Navdeep Singh. The MoD, generally considered as a spoil sport by many serving soldiers and veterans including chiefs, clipped it to be applicable only for post-1996 disabled soldiers boarded out on medical grounds.

It did not leave it at that. In January 2001, it added to the agony, and disqualified those retiring on super-annuating from getting the benefit. In yet another afterthought, the MoD in January 2010 clarified only those who were prematurely released from service would be eligible for the rounding off benefit.

One of the prominent "victims" of these serial actions was Lt Gen Vijay Oberoi, a distinguished soldier who lost his right leg during the 1965 Indo-Pak War. But despite being disabled he went on to become the vice chief of army staff in 2001 before he retired. After revising the ruling, the government dragged him to the Supreme Court in a dispute involving just five per cent of the disability pension.

Of course, there was a series of cases filed by disabled veterans affected by MoD decision. These came up before various armed forces tribunals. While considering the case of Capt KJS Buttar, the Supreme Court ruled that pre-96 disabled service personnel and those released on superannuation could not be deprived of the benefit extended to others. The MoD would not let go; it filed a review petition against the judgement. However, the Supreme Court dismissed the petition in January 2014.

The tragedy of the pointless exercise was that many of the veterans had kept Prime Minister Modi apprised of the situation on this issue. But as it seems to be the norm than exception, it was the Supreme Court that had to finally step in to do justice for the disabled to soldiers after the government had let them down.

The disillusionment of servicemen over the failure of successive governments to meet their just demands is back to pre-election levels. Their only consolation is their counterparts in America and Britain are faring no better; they are also playing round robin games with ministries and governments to get their demands met. People seem to forget that soldiers are there not only die for the country but also live in dignity.