The mother of former Agniveer M Murali Naik who was martyred during Operation Sindoor earlier this year in the month of May has moved the Bombay High Court with her petition seeking parity in death benefits given to fallen soldiers of the Indian army.
The petition, filed by Jyothibai Shriram Naik, challenges what she calls the “discriminatory denial” of long-term pension based welfare benefits that are routinely granted to martyr families of regular soldiers but not to that of Agniveers.
In her petition, Ms. Naik stated that this case represents the first battlefield casualty to take place under the Agnipath scheme.
“My son wore the same uniform, took the same oath, and faced the same dangers as any regular soldier. Yet, because of the terms of the Agnipath scheme, his supreme sacrifice is not recognised with the dignity, honor, and security that the family of a martyred soldier is supposed to receive,” Ms. Naik argued in her plea.
While families of regular soldiers killed in action receive lifelong pensions and welfare support, Agniveers’ next-of-kin are limited to a one-time compensation package of about ₹1 crore, including insurance and ex-gratia payments.
What does the petition argue?
The petition, filed under Article 226 of the Constitution, seeks to alter the part of Agniveer scheme that deals with post death welfare benefits granted to the families of martyrs.
In her plea, Ms Naik has asked Bombay High Court to direct the centre to grant liberalised family pension, gratuity, ex-servicemen status, healthcare benefits, and institutional recognition to families of Agniveers who die in service. The petition also calls for inclusion of such martyrs in official memorials and parity in ceremonial honors.
One time compensation vs Lifelong pension
A resident of Mumbai, Ms. Naik is a housewife who was financially completely dependent on her son’s income. “The one compensation package cannot substitute the financial stability and dignity inherent in a lifelong family pension,” she argued in her plea.
“The uniform expectation of sacrifice on the front lines cannot co-exist with a non-uniform recognition of that sacrifice in death,” Naik submitted.
Advocate Prakash Ambedkar will appear for the petitioner, while the petition has been filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi. The matter is expected to come up for hearing in the coming weeks.
