Abstract Disability Pension Disability pension in India has evolved from being a colonial-era discretionary grant to a constitutional entitlement grounded in human dignity and the rule of law. Initially governed by British military manuals and post-independence regulations that prioritized administrative convenience, the legal framework underwent a transformational shift beginning in the 1990s. Today, disability pension...
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Introduction Delhi High Court Champions Equality: HIV Status Not a Barrier to Promotion in Armed Forces In a landmark judgment delivered on 28 March 2025, the Delhi High Court decisively upheld the rights of HIV-positive personnel in India’s paramilitary forces, ruling that denial of promotions or termination solely on the ground of HIV status is...
Read MoreIntroduction to Army Rule 180 In a country as varied and actively democratic as India, natural justice and equity are the basic building blocks of all legal and procedural aspects. These principles ensure that fairness and accountability are maintained in all judicial and quasi-judicial proceedings. There are many articles and rules incorporating such principles, among...
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Introduction to Army Rule 51 The military justice system operates under a unique framework, balancing the dual imperatives of maintaining discipline within the armed forces and upholding the principles of justice. The Army Rules, 1954, framed under the Army Act, 1950, define a systematic procedural framework for the conduct of military trials. It guarantees that...
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Introduction Section 497 The Supreme Court’s Constitution Bench clarified that its 2018 judgment decriminalizing adultery under Section 497 of the Indian Penal Code does not affect court martial proceedings against armed forces personnel for adulterous conduct. The Bench stated that the Joseph Shine vs. Union of India judgment of 2018 did not address the provisions...
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Army Rule 180: A Comprehensive Guide to Military Administrative Procedures Army Rule 180 is a pivotal provision within the legal framework of the armed forces, designed to ensure fairness, accountability, and transparency in disciplinary and administrative matters. It outlines procedural safeguards to protect the rights of individuals while maintaining discipline and order within the military....
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Introduction In a significant ruling that could impact countless military personnel, the Punjab and Haryana High Court has provided a clearer framework for the eligibility of disability pensions for armed forces members. Disability pension , which serve as a form of financial support for those who suffer injuries or deteriorating health due to military service,...
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What is the commutation of Pension? Commutation of pension refers to the process where a retired person converts a portion of his periodic future pension disbursements into a lump sum payment. This facility is aimed to offer immediate financial assistance and help them manage important expenses that may arise post-retirement. The commutation of pension is...
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Contingencies for Grant of War Injury Pension . War Injury Pension is admissible when injury takes place during action under the following contingencies laid down by the Govt of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 January 2001 and 03 February 2011:- Elements of War Injury Pension War Injury Pension comprises two elements,...
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LEGAL RIGHTS OF ARMED FORCES PERSONNEL Legal Resources for Grievances The state has given armed forces personnel the right to make complaints to resolve their grievances. They can request under sections 26 and 27 of the Army Act, 1950 and Airforce Act, 1950 and under section 23 of the Navy Act, 1957. Section 26...
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