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Adv Vipul Singh Raghuwanshi
Adv Vipul Singh Raghuwanshi. | 1 week ago | 3070 Views

SC Initiates Suo Moto Proceedings For Cadets Facing Disabilities During Their Training

In a landmark move, the Supreme Court of India has recently taken suo motu cognizance of the plight faced by such cadets who suffer disabilities during their  military training at the institutions including the National Defence Academy (NDA) as well as the Indian Military Academy (IMA)

This recent initiative taken by the Apex Court brings a long-overdue attention towards a legal vacuum where former officer cadets who are in hundreds of numbers, were discharged due to such service-related injuries which were denied status and benefits that are typically provided to the ex-servicemen.

How it Started: Media Revelations

The suo motu action by the Apex Court came as a result of an investigative report by The Indian Express, where it was exposed as to how cadets who get injured during their training were medically boarded out and were left without any adequate compensation, health benefits, or even employment opportunities. Since the year 1985, around 500 such cadets have been discharged, with the number falling to 20 between the years 2021 to July 2025 only.

Though the cadets do receive a modest ex-gratia payment, up to an amount of ₹40,000/month, they have been denied an ex-servicemen status, which excludes  them from entitlements falling under the Ex-Servicemen Contributory Health Scheme (ECHS), among other policies.

Observations by the Court

A Bench including the Justices B. V. Nagarathna and R. Mahadevan initiated proceedings titled as  “In Re: Cadets Disabled in Military Training Struggle for Support.” Several crucial legal as well as policy issues have been framed by the Court during the hearing, which includes-

  • If the injured cadets are entitled to the coverage provided under the Rights of Persons with Disabilities (RPwD) Act, 2016.
  • There is an absence of insurance schemes or any other similar protective mechanism during the high-risk trainings of the cadets.
  • If there is any possibility of rehabilitation or re-induction into the  non-combat roles or appropriate administrative services.
  • A lack of a consistent and enforceable policy framework basically for the medical, financial, and social rehabilitation of the cadets.

The Apex Court made clear its intention to prevent any such disability caused during the training from becoming a “deterrent” to serving the nation, remarking that those individuals who got injured in the line of service—even prior to their commissioning—must not be “left high and dry.”

Key Developments during the Hearing-

On September 4, 2025, the Apex Court appointed Justice Rekha Palli (Retd., Delhi HC) as amicus curiae for assisting in the formulation of legal solutions. The Court has issued notices to all related stakeholders in the matter which includes the Ministry of Defence, Ministry of Social Justice, Ministry of Finance, as well as the Chief of Defence Staff, seeking their responses on the matter.

The Justice Nagarathna stressed the requirement for a both “quantitative and qualitative” insurance coverage, observing that if such cadets could undertake desk jobs post-injury, such avenues must be considered mandatorily.

Response to the Court’s Intervention-

As a direct response to the intervention by the Apex Court, the Ministry of Defence  on August 30, 2025, announced that such disabled cadets who have been medically boarded out as a result of their training injuries, shall be henceforth entitled to the ECHS benefits. Which shall include-

  • Free OPD consultations
  • Cashless treatment at the OPD/IPD 
  • Diagnostic services shall be provided at the military and empanelled hospitals

The MoD also provided that such cadets will be exempted from the one-time subscription fees of the ECHS which is ₹1.2 lakh, as well. This policy, however, will currently applied to the cadets only, not their families, and shall be labeled a “special dispensation,” and not a policy precedent.

Conclusion

To conclude, the suo motu initiative by the Supreme Court marks a pivotal moment in the country’s military welfare jurisprudence. Not only the systemic neglect faced by disabled cadets has been highlighted by the case but has also compelled us to rethink about the rights, status, as well as rehabilitation mechanisms for those personnel who have been injured in service—even before they were formally commissioned.

As the matter will progress, the directions by the Supreme Court could also lead to comprehensive legal and policy reforms, thereby ensuring that no such cadet who has been injured in the line of duty shall be abandoned without any institutional support.

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