The mother of a young Agniveer who made the ultimate sacrifice for the nation has taken a bold legal step, challenging the disparity in benefits between contractual Agniveers and regular soldiers. Jyothibai Naik, the grieving mother of 25-year-old Agniveer Murali, has filed a writ petition in the Bombay High Court, demanding equal treatment for her son's family.
A Supreme Sacrifice in Operation Sindoor
Agniveer Murali lost his life on May 9 in the Pooch sector of Jammu and Kashmir. He was serving along the Line of Control during an operation codenamed 'Sindoor' when he was killed in cross-border gunfire and shelling. Murali had joined the Army in 2022 as part of the Agniveer scheme, a new recruitment model introduced by the government that limits the tenure of soldiers below the officer rank to a four-year contractual period.
The petition highlights a painful contradiction. It states that while Agniveers and regular soldiers "perform identical duties, undertake the same risks and make the same level of sacrifice", their families are treated unequally when tragedy strikes. Murali's own Commanding Officer from the 851 Light Regiment had formally affirmed his "bravery, leadership and supreme sacrifice".
The Core of the Legal Challenge
The legal plea, filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, argues that the Agniveer scheme is "discriminatory" and "arbitrary". The primary grievance is that the scheme excludes recruits from post-service pension benefits and other long-term welfare entitlements that are automatically available to the families of regular soldiers.
While the family of a fallen Agniveer receives certain ex-gratia and insurance payments totaling approximately Rs 1 crore, the petition points out a critical gap. They are not provided the regular family pension, lifelong healthcare, or social security benefits that accrue to the families of regular soldiers killed under identical circumstances.
A Family's Quest for Dignity and Equality
The human story behind the petition is one of profound loss. Murali's parents, who hail from Andhra Pradesh, worked as daily wage labourers in Mumbai's construction industry. After their son's death, Jyothibai made detailed representations to various authorities, requesting that her family be extended the same benefits given to the families of regular soldiers. These pleas, however, did not receive a response, leading to the court action.
The petition makes it clear that its objective is not to undermine the policy goal of maintaining a youthful armed force. Instead, its aim is to "ensure that constitutional guarantees of equality, dignity, and honour are not compromised." The plea seeks policy guidelines to ensure that no soldier's family is deprived of posthumous benefits or institutional recognition solely based on their tenure or mode of recruitment. It also seeks guidelines for Agniveers who become disabled while in service.
This case puts a spotlight on the human cost of policy and raises fundamental questions about the value of a soldier's sacrifice, regardless of their employment status.
