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.
