GUIDE
Below are the essential guides pertaining to military law and its related matters.
DISABILITY CLAIMS
Disability Claims for Armed Forces Personnel is covered under the Armed Forces Pension Regulations 1961 (AFPR) and the Seventh Central Pay Commission (CPC). The AFPR grants disability pension to all soldiers who are invalidated out of service on account of disability accepted as attributable to or aggravated by military service. The disability pension is a tax-free pension that is calculated based on the percentage of disability and the rank of the soldier at the time of discharge. The AFPR has been implemented by the Department of Ex-Servicemen Welfare under the Ministry of Defence. Further, the Seventh CPC has also revised the pension for military personnel. The revised pension structure includes a disability element, which is a tax-free addition to the pension. The disability element is payable for disability attributable to military service. The percentage of disability is determined by a medical board. The jurisdiction for the claim relating to disability pension for armed forces personnel can be the Armed Forces Tribunal (AFT), for any matter related to the Armed Forces. The AFT has been constituted under the Armed Forces Tribunal Act, 2007. However, appeals can also be made to the High Courts and the Supreme Court in certain cases.
SERVICE MATTERS
Service matters related to the Armed Forces personnel are covered under various Acts, rules, and regulations. Some of the important ones are listed: 1. Army Act 1950, Navy Act 1957, and Air Force Act 1950: These are the primary Acts governing the functioning and discipline of the personnel of the respective services. It prescribes the powers of the superior officers, the procedure for disciplinary action, and the powers of the court-martial. 2. The Right to Information Act 2005: This Act provides a mechanism for obtaining information from public authorities, including the Armed Forces. Any person can file an RTI application seeking information on service matters related to the Armed Forces personnel. 3. The Armed Forces Tribunal Act 2007: This Act provides for the constitution of the Armed Forces Tribunal (AFT), which is a judicial body to adjudicate on service matters related to the Armed Forces personnel. AFT has jurisdiction over matters like promotions, pay and allowances, pensions, grievances, service disputes, and offences. 4. Army Rules, Navy Rules, and Air Force Rules: These rules are framed under the respective Acts and provide the detailed procedures for administration, discipline, and conduct of the personnel of the respective services. 5. Defence Services Regulations (DSR): The DSR is a manual of rules and instructions for the guidance of officers of the Armed Forces in matters relating to administration, discipline, and organization of the services. The jurisdiction for the claim relating to service matters concerning the Armed Forces personnel is generally the Armed Forces Tribunal (AFT), established under the Armed Forces Tribunal Act, 2007. However, appeals can also be made to the High Courts and the Supreme Court in certain cases.
DISCIPLINARY MATTERS
Disciplinary matters for Armed Forces personnel are covered under various Acts, rules, and regulations. Some of the important ones are listed: 1. Army Act 1950, Navy Act 1957, and Air Force Act 1950: These are the primary Acts governing the functioning and discipline of the personnel of the respective services. It prescribes the powers of the superior officers, the procedure for disciplinary action, and the powers of the court-martial. 2. The Army Rules, The Navy Rules, and The Air Force Rules: These rules are framed under the respective Acts and provide the detailed procedures for administration, discipline, and conduct of the personnel of the respective services. 3. The Armed Forces (Special Powers) Act 1958: This Act gives powers to the armed forces personnel in areas declared as disturbed, enabling them to conduct operations against insurgents. 4. The Armed Forces Tribunal Act 2007: This Act provides for the constitution of the Armed Forces Tribunal (AFT), which is a judicial body to adjudicate on disciplinary matters related to the Armed Forces personnel. AFT has jurisdiction over matters like promotions, pay and allowances, pensions, grievances, service disputes, and offences. 5. The Manual of Service Law, 1994: This manual contains the rules and procedures for the administration of military justice, including charges, trial procedures, punishments, and appeals.
PENSION MATTERS
Pension matters related to Armed Forces personnel are covered under various Acts, rules, and regulations. Some of the important ones are listed below: 1. Armed Forces Pension Regulations 1961 (AFPR)- The AFPR provides the rules and regulations related to pensions along with gratuity, encashment of leave, and death cum retirement gratuity. It provides for disability pension, service pension, invalid pension, and family pension to Armed Forces personnel. 2. The Seventh Central Pay Commission (CPC): The Seventh CPC was constituted to review and recommend the revised pay, allowances, pension, and related benefits for all central government employees, including the Armed Forces personnel. 3. The One Rank One Pension (OROP) Scheme- The OROP scheme was implemented to provide equal pension benefits to the Armed Forces personnel by removing the disparities between the pre and post-retirement pensions of personnel of the same rank and service length. 4. Pension regulations under Army, Navy, and Air Force Acts- These Acts provide the detailed rules and procedures for the payment of pensions, gratuities, and related benefits for personnel of the respective services. 5. Ministry of Defence correspondence- The Ministry of Defence periodically issues letters and circulars related to pension matters for Armed Forces personnel.
MEDICAL MATTERS
Medical matters governs Armed forces personnel in India by several laws. The major Acts related to medical matters for armed forces personnel are as follows: 1. Armed Forces Medical Services (AFMS) Act, 1953: This Act governs the AFMS and provides for the establishment, administration, and management of medical services for Armed Forces personnel. According to this Act, the AFMS provides medical aid and assistance to the Armed Forces personnel, their families, and other persons duly authorized by the Government. 2. Disability Pension: The Pension Regulations for the Army, Navy, and Air Force (2008) lay down the provisions for a Disability Pension. The regulations provide for a pension to be granted to armed forces personnel who are invalided out of service on account of disability attributed to or aggravated by military service. 3. Special Leave: Armed Forces personnel are eligible for Special Leave as per the Leave Rules of their respective forces. This leave is granted to personnel who require special treatment, hospitalization, or convalescence due to any illness or injury. 4. Armed Forces Medical College (AFMC) Regulation, 1962: The AFMC Regulation stipulates the establishment, administration, and management of AFMC. The AFMC is responsible for providing medical education and research to Armed Forces medical personnel.
