Soldiers cannot be asked to prove disability claims, onus on authorities to ensure transparency: High Court
The HC opined that “even in peace stations, military service is inherently stressful due to a combination of factors like strict discipline, long working hours among others
Dismissing around 300 appeals filed by the Ministry of Defence against judicial orders granting disability benefits to armed forces personnel, the Delhi High Court (HC) has held that as per rules interpreted by the Supreme Court, soldiers cannot be asked to prove their disability claims and a benefit of doubt is extended to them unless it is shown by cogent reasons by the medical board that the disability existed before entering service and had no connection with military service.
The ministry had withdrawn all such litigation from 2017 onwards but again started flooding the courts with litigation against disabled soldiers and widows when strict action was directed by the AFT against some of the officers for non-implementation of judicial orders in 2023.
In 2015, the then Defence Minister had admonished his officers not to make litigation against soldiers a “prestige-issue”. Later in 2017, the SC had passed strictures against the defence ministry for flooding the courts with appeals in settled matters. In 2022, the SC had recorded its “displeasure” against the MoD for its litigation on disability pension, a sentiment repeated by the top court in 2024 and 2025.
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