Mumbai: The mother of Agniveer Murali Naik, who was martyred in Poonch sector, has filed a petition in the Bombay High Court, demanding pension and facilities like regular soldiers. It has been said in the petition that Agniveer also takes the same duties and risks. Therefore, martyrdom should be given equal respect and protection. The matter will be heard in the court soon.
The person who sacrificed his life for the country amidst shelling in the Poonch sector of Jammu and Kashmir one morning in May 2024 was Agniveer M. Murali Naik of 851 Light Regiment. From the moment he was martyred at the border, his family started expecting every respect and protection that is given to martyr families. But when it came to light that the Agniveer families do not get all the long-term facilities that the families of regular soldiers get, the mother’s pain reached the doors of the court.
In fact, martyr Agniveer’s mother Jyotibai Shriram Naik has filed a petition in the Bombay High Court saying that her son wore the same uniform, faced the same dangers, and took bullets on the same border. Then why does his sacrifice not get the security, respect and pension that regular soldiers get? In the petition, this has been described as “disparate and unequal treatment”.
What does the petition say and why did the mother take this step?
The petition has been filed under Article 226. The plan was not challenged in this. Rather, its operational effects, which exclude Agniveer’s families from lifetime security, have been questioned.
The petition states that both Agniveer and regular soldiers face equal risks. Both perform similar duties on the border. Both protect the nation but after martyrdom there remains a huge gap in economic security. The mother says that the only support of the family was her son. Her husband is unemployed and she was completely dependent on her son’s income.
The petition has been filed under Article 226.
What is martyr Agniveer’s mother asking for?
In the petition, equality has been demanded from the court in the following facilities-
- Liberalized Family Pension
- gratuity
- Ex-serviceman status
- Lifelong health facilities in army hospitals
- Official recognition of martyrdom and inclusion in memorials
- The same respect in ceremonies that regular military families get
Soldier martyred for the first time in Agneepath scheme
The seriousness of this matter has also increased because it has been claimed in the petition that Murali Naik is the first martyr of the Agneepath scheme. Therefore, the family’s petition has raised very important legal questions on the benefits and security provisions of the scheme.
The petition states that both Agniveer and regular soldiers face equal risks.
Great strength gained from parliamentary committee report
The report of the Parliamentary Standing Committee of December 2024 has also been mentioned in the arguments. It was said in the report-
| Issue | committee recommendation |
| Agniveer Martyr Family | facilities like regular soldiers |
| respect-equality | Martyrs of two classes should not be made |
| pension | Lifetime protection is assured |
The committee had clearly warned that creating two separate classes could affect morale.
Why is the lump sum amount being received by the family not enough?
The petition states that Agniveer families get a lump sum package of approximately ₹1 crore, which includes insurance and ex-gratia. But the mother argues, ‘A lump sum amount cannot be a substitute for lifelong security. A pension provides support to the household and also respect.
5 legal arguments raised in the petition
- Article 14: Equal work, equal risk, then why unequal benefits?
- Article 21: Why is the right to life and dignity being taken away from the family?
- Doctrine of Legitimate Expectation: A tradition that had been in place for decades was suddenly changed.
- Non-regression principle: No right to withdraw prior security benefits.
- Need for judicial review: The consequences of the scheme are creating inequality.
Now what next? hearing in the coming weeks
The petition has been filed by advocate Prakash Ambedkar and his team. The case will now be listed for hearing in the Bombay High Court. The big question is, will Agniveer martyr families get the same respect and protection that other soldiers get? A large part of the country will wait for this legal decision.
