Mother of martyred Agniveer moves Bombay High Court for equal death benefits

The mother of an Agniveer who died in action has moved the Bombay High Court seeking parity in posthumous benefits for families of soldiers recruited under the Agnipath scheme. The petition, filed by Jyothibai Shriram Naik, challenges what she calls the “discriminatory denial” of long-term pensionary and welfare entitlements routinely granted to families of regular soldiers.

Her son, Agniveer M. Murali Naik, was killed on May 9 this year during intense cross-border shelling in Poonch, Jammu & Kashmir, while serving with the 851 Light Regiment. In her petition, Ms. Naik stated that this case represents the first battlefield casualty under the Agnipath scheme, a fact that underscores the urgency of judicial scrutiny.

The petition, filed under Article 226 of the Constitution, does not seek to strike down the scheme entirely but contests its operational consequences that exclude Agniveers’ families from lifelong security. It argues that the denial of benefits violates Articles 14 and 21, creating an arbitrary classification between two categories of soldiers who perform identical duties and face identical risks.

“My son wore the same uniform, took the same oath, and faced the same dangers as any regular soldier. Yet, because of the terms of the Agnipath scheme, his supreme sacrifice is not recognised with the dignity, honor, and security that the family of a martyred soldier is supposed to receive,” Ms. Naik stated in her plea.

The petition seeks directions to grant liberalised family pension, gratuity, ex-servicemen status, healthcare benefits, and institutional recognition to families of Agniveers who die in service. It also calls for inclusion of such martyrs in official memorials and parity in ceremonial honors.

Ms. Naik, a Mumbai resident, describes herself as a housewife who was wholly dependent on her son’s income. “The sudden and tragic loss of my only child has left us in emotional devastation and acute financial insecurity,” she said, adding that her husband is unemployed.

The plea relies on a December 2024 report of the Parliamentary Standing Committee on Defence, which recommended that families of Agniveers killed in action should receive the same benefits as those of regular soldiers. The committee warned that creating “two classes of martyrs” undermines morale and violates principles of equality. While families of regular soldiers killed in action receive lifelong pensions and welfare support, Agniveers’ next-of-kin are limited to a one-time compensation package of about ₹1 crore, including insurance and ex-gratia payments.

“This cannot substitute the stability and dignity inherent in a lifelong family pension,” the petition argued.

Ms. Naik had earlier submitted a detailed representation to the Defence Ministry on July 3, seeking parity in benefits. “Despite the passage of considerable time, the said representation remains undecided,” the petition noted. It also invokes doctrines of legitimate expectation and non-retrogression, asserting that abrupt withdrawal of long-standing welfare protections without legislative sanction is unconstitutional.

Advocate Prakash Ambedkar will appear for the petitioner, while the petition has been filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi. The matter is expected to come up for hearing in the coming weeks.