Mumbai: The mother of an Army soldier killed in Jammu and Kashmir has approached the Bombay High Court, alleging discrimination under the Agnipath Scheme and seeking full posthumous benefits for her son and other Agniveer soldiers.
Jyothibai Shriram Naik filed a writ petition challenging the denial of pension, welfare entitlements, and long-term protections that are usually granted to the families of regular soldiers. Her son, M Murali Naik, 23, was killed in cross-border shelling during Operation Sindoor in May. Naik, who had joined the Army in November 2022 and trained at Nashik, belonged to the 851 Light Regiment of the Northern Command. His final rites were performed with full State honours.
The petition, filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, argues that the Agnipath Scheme’s exclusion of deceased Agniveer families violates Articles 14, 15, 21, 23, and 39A of the Constitution and is therefore unconstitutional.
Advocate Prakash Ambedkar, appearing for the petitioner, has sought a directive for the Centre, Chief of Army Staff, Ministry of Defence, Department of Ex-Servicemen Welfare, and State of Maharashtra to consider representations for ex gratia and other posthumous benefits and provide reasoned decisions within a specified time frame.
The plea also seeks that all families of Agniveers who die in the line of duty receive benefits equal to those of regular soldiers, including:
- Family pension and gratuity
- Ex-servicemen status
- Healthcare benefits
- Other service-linked entitlements
The petition emphasizes that Agniveers perform identical duties and face identical risks as regular soldiers, yet their families are denied long-term welfare benefits. It also cites the Parliamentary Standing Committee on Defence, which recommended that families of Agniveers killed in action should receive the same benefits as regular soldiers.
The plea seeks a court direction to ensure full parity in posthumous benefits, institutional recognition, and welfare measures for families of deceased or disabled Agniveer soldiers, stating that the Executive has no legal authority to deny or curtail these benefits.
