How many more raps before MoD wakes up? The Statesman 01 May 18
Twice in the last fortnight the Supreme Court has rapped the Ministry of Defence (MoD) and fined it for appealing against cases pertaining to grant of disability pensions to veterans. The MoD was appealing against the decision of the Armed Forces Tribunal (AFT). In its judgement the Supreme Court remarked that the government must wake up to its duties and responsibilities.
It stated, ‘the couldn’t-care-less and insouciant attitude of the Union of India with regard to litigation, particularly in the Supreme Court has gone a little too far’. It remarked that in this instance 10 lawyers and an additional solicitor general were involved which added to costs. Another aspect which should have been highlighted was the anguish and financial implications on the litigants, who are veterans with limited financial means.
This reflects poorly on the MoD which seeks to challenge judgements pertaining to disability pensions. Ironically the AFT functions under the MoD and its members are appointed by it alongside the law ministry. The AFT comprises of retired judges of the high court advised on military matters by senior veterans. Thus, knowledge of law and complexities of service conditions are both considered before judgements are released, especially where disability is concerned.
Hence, challenging the judgement of the AFT in every case is in poor taste and only intended to harass litigants, delay processing and prove that the bureaucracy dominates the uniformed. This contradicts the first comments made by Nirmala Sitharaman on assuming her appointment as defence minister, when she stated her priority would be veteran affairs.
While decision making in the MoD may have been delegated and the power to appeal in the Supreme Court left to lower levels, however it is evident that strong guidelines have not been laid down by the defence minister, restricting its officials from pursuing the easiest way out, by appealing decisions, rather than adopting a humane approach. The first and strongest action that she should adopt is to make the erring official, who approved the decision to go to the Supreme Court pay not only the court fine but also bear the cost of lawyer fees. It would go a long way in opening eyes and changing attitude within the ministry.
George Fernandes forced an immediate change in approach by threatening to move erring and irresponsible officials to Siachen. It brought him immense praise as it conveyed he was genuinely concerned with soldier welfare. It is only by being forceful can the minister bring about a change in the functioning of the MoD and its projection beyond the corridors of South Block.
The battle for supremacy between the uniformed and civil staff in service HQs continues, despite the withdrawal of contradictory orders of equating civil-military ranks. It is quite possible that due to a strong stand taken by service chiefs in Nov last year, additional vacancies allocated to the Armed Forces HQ civilian cadre have yet to be absorbed. This would have added to the rift, which is being reflected in other spheres. However, this is no reason for the MoD to question directions of courts.
Morale within the serving and veteran community is also the lowest since a long time, solely because of an unresponsive MoD. The veterans continue to protest peacefully at Jantar Mantar for their rightful OROP, which is ignored. The MoD continues to sit on the Reddy Commission report now for over a year and a half, with no announcement. A remark that the MoD is studying the issue leaves no one in doubt, that it has no plans to enforce it or even push it forward to the ministry of finance, at least during the tenure of this government.
There are press reports that over 39,000 officers await the release of an increment due from 2006, most of whom would be veterans. All these fall within the purview of the defence minister and by ignoring them she is proving the ‘couldn’t-care-less attitude’ stated by the Supreme Court.
The Non-Functional Upgradation (NFU) case taken up by a serving soldier remains in the Supreme Court with a final hearing fixed for later this year, while the government refuses to pass orders that NFU does not imply a change in grade, which is a reality. This has added to problems at working levels in those government offices where the uniformed and civilians operate jointly. The deputing of military legal fraternity alongside top legal luminaries to challenge the NFU in court, conveys that the MoD is unwilling to accept that armed forces also deserve equality.
Social media is abuzz with this anti-armed force outlook being projected by the government. The trust which the military had on Modi to deliver and meet their aspirations, based on his promises in the Rewari Rally in the run up to the 2014 elections has vanished, leaving instead a bitter taste. With an increased national support base to a military which, ‘has been protecting this nation for seventy years’ only increasing, support to a disdainful government would reduce, solely because of the approach of the MoD.
The present attitude of the MoD appears based on the premise that the serving and veteran community are too divided to present any formidable challenge in vote banks, however failing to realize that for every member of the military community there are many more close family members who would vote for an alternative, alongside true nationalists who love their armed forces. The ruling party is already losing its popular base, as recent byelections have shown, gaining the wrath of the serving and veteran community may be disastrous.
The hypocrisy of this government is evident when it claims successful military operations launched in its tenure to seek votes but fails to grant equality and rightful dues to those who did them. This conveys the message that it would exploit anyone for votes but dump them when the task is done. The faith and trust with which this government was formed is slowly eroding. Modi alone by his oratory may not be able to win the next elections, unless he ropes in his ministries to change their attitudes and project a more people friendly outlook. The first ministry to be targeted should be the MoD.
About the Author
Maj Gen Harsha Kakkar
Retired Major General Indian Army