Chandigarh: The Punjab and Haryana High Court has said that a soldier suffering from diabetes, who has been discharged from the Army, cannot be denied disability pension merely on the ground that he had led a poor lifestyle. The Court clarified that a soldier cannot be denied pension unless it is proved that the disease like diabetes was caused by the soldier’s eating habits and lack of physical activity.
In this case, a soldier was transferred to the medical category due to severe depression and type 2 diabetes. On 31 October 2019, he was discharged from the army on compassionate grounds. The Army refused to grant disability pension, arguing that the soldier’s illness was caused by his poor lifestyle and eating habits.
The court said in its order, ‘Unless it is proved that the soldier consumed prohibited food or never participated in physical activities, the cause of the disease cannot be attributed to his personal lifestyle choices.’ The court also said that the opinion of the medical board cannot be given special importance. Diseases like diabetes need to be considered as arising from the performance of military service. Genetic reasons should not be blamed for it without any evidence.
The High Court passed these orders while dismissing the petition, which had sought directions to cancel the orders of AFT Chandigarh dated April 22, 2022, under which the claim of disability pension of ex-serviceman Chetan Malik was accepted. The soldier was recruited into the Army on January 20, 2003, but was discharged from service on October 31, 2019 on compassionate grounds before completing the terms of commitment in the medical category due to disability, including major depressive disorder. Episodes and types of diabetes mellitus type 2 were included.
Interview with Dr. Rajiv Kumar, Medical Legal Expert, on Disability Pension Rights for Soldiers
Editor: Thank you for joining us today, Dr. Kumar. The recent judgment from the Punjab and Haryana High Court regarding the disability pension for a discharged soldier suffering from diabetes has gained significant attention. Could you summarize the court’s ruling and its implications?
Dr. Kumar: Certainly! The court ruled that a soldier who suffers from diabetes cannot have his disability pension denied solely because of lifestyle choices. It emphasized that, unless there is concrete evidence linking the soldier’s diabetes directly to poor eating habits or lack of physical activity, the pension should not be withheld. This ruling is pivotal as it acknowledges that service-related stress and the demanding lifestyle of soldiers could contribute to health issues like diabetes, advocating for a more compassionate understanding of their health challenges.
Editor: That’s a crucial point. What does this mean for other service members who might be in similar situations?
Dr. Kumar: This ruling sets a precedent that could benefit many ex-servicemen. It reinforces the idea that the military service environment comes with its unique stresses that can affect health. Soldiers with conditions like diabetes should not face further hardship by being denied pensions on irrelevant grounds. It signals that the courts are willing to protect the rights of service members, particularly regarding their health and well-being.
Editor: The court also mentioned that the opinion of the medical board should not hold undue influence. Why is this significant?
Dr. Kumar: This is quite important because it challenges the weight typically given to medical board findings, which can sometimes overlook the unique circumstances of military service. By stating that there must be substantial proof to connect lifestyle choices to health conditions, the court is advocating for a more individualized approach to health assessments, particularly in cases involving conditions that could arise from service-related factors.
Editor: In your opinion, what practical advice can you offer to soldiers or veterans who are dealing with similar health issues and questions regarding their disability pensions?
Dr. Kumar: First and foremost, I advise keeping comprehensive medical records that document service-related health issues. Engage with healthcare providers to ensure all conditions, including psychological challenges like depression, are clinically recognized and treated. If a disability pension is denied, don’t hesitate to seek legal assistance to challenge these decisions, as this recent ruling could support your case. Additionally, connecting with veterans’ service organizations can provide guidance and support.
Editor: Are there any broader implications for the military regarding this case?
Dr. Kumar: Yes, absolutely. This case may prompt military leadership to reevaluate how they approach health evaluations and disability pensions for soldiers. It may encourage more proactive health management and support systems within the military to address issues like mental health and chronic diseases. it could lead to a cultural shift in recognizing and supporting the health challenges faced by service members, ultimately improving their quality of life.
Editor: Thank you, Dr. Kumar, for your insights on this important topic. It’s essential for both current and former service members to understand their rights and the support available to them.
Dr. Kumar: Thank you for having me. It’s crucial that these discussions continue to inform and empower our service members and their families.