The Supreme Court of India in their recent order in "Re: Cadets Disabled in Military Training Struggle", as reported by Livelaw, has passed directions which will not only ensure welfare of Cadets disabled during training ("Boarded-out") but also ensure that they are afforded the same statutory rights & protection as per the Rights of Persons with Disabilities Act (RPwD), Act 2016. The aforesaid Act secures rights of persons with disabilities, in matters of both public & private employment, education and accessibility.
The Court lauded how the benefits under the "Ex Servicemen Contributory Health Scheme" were now being extended by the Ministry of Finance & Ministry of Defence to such boarded-out cadets. Further, their medical expenses throughout their life were also being taken care of.
On the question of whether RPwD Act 2016 is applicable to "boarded-out" cadets, the Supreme Court of India observed that for those cadets who have a benchmark disability i.e. assessed as 40% or above; a suitable scheme may be prepared by the appropriate Government, wherein, reservation of posts not less than 4% of the total vacancies in the cadre strength in each group of posts meant to be filled with a person with bench-mark disabilities, may be carried out.
The Apex Court of India highlighting the recommendations of the Sabharwal Committee, further noted that this case was taken up by the Court to ameliorate the conditions of "boarded-out" cadets and the Court was hopeful that favourable recommendations would emanate from the State, and Respondent-Departments on this subject matter.
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