Soldiers can’t be told to prove disability, rules Delhi HC

Dismissing around 300 appeals filed by the Ministry of Defence against judicial orders granting disability benefits to personnel of the armed forces, 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.

Rejecting the contention of the Defence Ministry that their disabilities were not affected by service conditions, the HC’s Bench of Justice Shalinder Kaur and Navin Chawla observed in their order of July 1, that grant of disability benefits “was not an act of generosity, but a rightful and just acknowledgement of the sacrifices in the form of disabilities/disorders suffered during the course of their military service and a measure that upholds the state’s responsibility towards its soldiers.”

The HC noted that even in peace stations, military service is inherently stressful due to a combination of factors such as strict discipline, long working hours, limited personal freedom and constant readiness for deployment. Besides the psychological burden of being away from family, living in isolated or challenging environments and coping with the uncertainty of sudden transfers or duties adds to this strain, it added.

The HC also held that it is of paramount importance that medical boards record clear and cogent reasons in support of their medical opinions. Such reasoning would not only enhance transparency but also assist the competent authority in adjudicating these matters with greater precision, ensuring that no prejudice is caused to either party, the HC said. “Cryptic and unreasoned assessment defeats the purpose behind the constitution of medical boards and leaves the courts without adequate material to effectively adjudicate the matter before them,” it added.

Sources said that in the past months, hundreds of writ petitions and appeals filed by the defence ministry have been dismissed by various High Courts and the SC with sharp observations and heavy fines.