The Ministry of Defence has revised its rules for casualty pension and disability compensation awarded to armed forces personnel. A new Guide to Medical Officers 2023, which details the norms for conducting the various types of medical boards that decide the percentage of disability and its attributability to military service, has also been issued.  This policy is based on the recommendations of a study group that comprised members from the Army, Navy, Air Force, Department of Ex-Servicemen Welfare, and MoD. The mandate is to update the rules by incorporating all relevant policy changes since the issuance of the Entitlement Rules 2008.

On the face of it, the aim of the new policy is to streamline the process, improve it, and curb abuse and misuse of the provision, particularly with respect to ‘lifestyle’ diseases. As per the Integrated Defence Staff, “No changes have been made either in the nature or the extent of death and disability compensation that is awarded to entitled personnel. This will have a prospective effect and takes care of the genuine interest of all our soldiers, veterans and widows.”

However, the reality seems to be different, with financial considerations and incompetence in preventing misuse negatively impacting soldiers’ welfare.

A backdoor attempt

Death and disability pension for soldiers is a sensitive subject and requires broader parliamentary, media, and public debate. Unfortunately, politicians, the media and serving/retired soldiers—except those directly affected by the development—often have only a superficial understanding of the subject.

Since the new policy has come into effect prospectively even veterans have not been very outspoken about it. Ironically, in the past, our high courts, the Supreme Court, and the Armed Forces Tribunal have rationally interpreted death and disability compensation and modified the interpretation of existing rules. The new policy is a backdoor attempt to negate the progressive actions taken by the courts and at times the government itself, over the years.

The All India Ex-Servicemen Welfare Association wrote a scathing letter criticising the policy, “Disability Benefits in the Defense Services have taken the current form over a period of almost 85 years through various regulations, government orders, pay commission recommendations approved by the Union Cabinet and decisions of the Hon’ble Supreme Court and various Hon’ble High Courts…However, it seems that the members of the Defense Services are children of a lesser God. Contravening al rules, regulations, letters, including decisions made right up to the Union Cabinet and judgments of Hon’ble Courts, the Department of Ex-Servicemen Welfare of the MOD on the insistence of the finance department of MOD, has issued new Disability & Death Rules (Entitlement Rules) … which have not only restricted disability and death benefits, but have turned the clock back to 85 years rather than liberalising the benefits with the changing times and improving sensitivity and perception towards disability.” The detailed statement of the association was circulated on the social media.