Death / disability in long-term ongoing operations led by the Indian Defence Forces cannot be excluded to refuse enhanced pension to soldiers: Indian Supreme Court

Livelaw reported the recent clarification issued by the Supreme Court of India on whether ongoing operations in Jammu and Kashmir (Operation Rakshak) and Operation Rhino (Assam) would be included under Category E(i) of a government policy which grants an enhanced form of pension, namely, War Injury Pension to soldiers who become disabled while participating in operations notified by the Government of India from time to time.

The Respondent-soldier had previously been granted War Injury Pension by the Armed Forces Tribunal, Chandigarh Bench and the High Court of Punjab and Haryana for his disability incurred while serving in a High Altitude Area in Kargil (Jammu and Kashmir) between 2002 and 2005, as part of Operation Rakshak. The Union of India challenged the order of the High Court of Punjab and Haryana before the Indian Supreme Court.

The Supreme Court held the circumstances leading to death / disability mentioned in the policy as "not exhaustive" and rejected the Union of India's plea to discriminate between soldiers who become disabled / deceased in long-term running operations such as Operation Rakshak. A distinction sought to be drawn by the Union of India between those who become injured due to border skirmishes etc. and those who are disabled due to illnesses aggravated by operational conditions was also rejected. The said principle was also previously held by the Indian Supreme Court in Union of India Vs Saroj Devi.

The complete decision is available here.