Court Orders

Military war against Disabled ex–servicemen continues

A 1971 war veteran, Deepak Bajaj, was in the Supreme Court this month pleading to be declared insane.

“I have been under psychiatric treatment for years now.… Please declare me insane,” said the former squadron leader who won eight service medals for distinguished service.

Bajaj, who suffers from schizophrenia, was court–martialled for insubordination and using criminal force against those in whose custody he was placed. He was sacked from the air force in 1983, after 14 years of service.

At that time, Bajaj says, he had been suffering from schizophrenia for three years. Criminal charges cannot be brought against a mentally ill person, but since no medical tests were conducted on him during the court–martial, this rule was ignored. All he received was 50 per cent of his gratuity amounting to Rs 17,000, sanctioned at the discretion of the President.

Now, at 62, the former officer is fighting to be declared insane so that he can claim disability pension and the status of an ex–serviceman. Under air force rules, a medically unfit officer can claim such pension after 10 years of service.

But the two–judge Supreme Court bench dismissed his petition a fortnight ago, saying: “How can we declare anyone insane?” Bajaj, who argued his own case because he could not afford a lawyer, said: “I will file a review…. If that fails, I will file a curative petition.” Sitting in his house in Green Apartments, Paschim Vihar, the National Defence Academy graduate says: “I just want pension and the status of an ex–serviceman.” He has a wife and two daughters, one of whom is married and the other unemployed.

The high court had thrown out his petition in 2006 on the ground that it had been filed too late. “The petitioner is himself to be blamed…. He has slept over his rights, if any, and did not pursue the matter in accordance with law,” it said.

But Bajaj says he was undergoing treatment and was not in a position to pursue the case. He had to go every week to the hospital for follow–up treatment and did not have the money to hire lawyers either. “I have received 13 electric shocks… now I am stable,” he says.

After his dismissal, Bajaj had approached former Supreme Court Chief Justice P.N. Bhagwati, who referred his petition to the legal aid committee that helps the poor fight cases. Nothing came of that, he says. He had also written to then Prime Minister Rajiv Gandhi, Bajaj claims, but did not get a response.

“My record comes in the way of finding a regular job,” says Bajaj, who is now working with a journal. “I used to fly aircraft worth crores,” he reminisces, adding that he flew sorties between what was then West Pakistan and East Pakistan during the 1971 war.

Bajaj rattles off names – Dakotas, HT–2, Harvard, Otter, the Caribou and Kiran – with ease. But ask him for a picture in uniform and he can only come up with some old medals and ribbons. “Must apply for it under the right to information act,” he says.

Source: Samanwaya Rautray. Brand me insane, cries war veteran. The Telegraph, Kolkata, 18 October 2007.

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Courts to clear cases against mentally disabled

Chief Justice of India, KG Balakrishnan, has directed all the high courts to provide details of pending cases of mentally challenged persons and also instructed them to discharge them as soon as possible. In order to sensitize society and empower the mentally disabled persons, the CJI inaugurated a ‘National Legal Literacy Week’ for protection of the right of citizens suffering from mental disabilities’.

Justice Balakrishnan observed that the police and the judiciary should play a responsible role for the mentally disabled. “Police and magistracy require a sense of responsibility for these people who are discriminated against by society.” Representatives of NGOs and senior police officers were present and also expressed their concern. According to the CJI, “Now India is a capable country, which has many wealthy persons. These persons should come forward to help the mentally challenged.”

NGOs present revealed their concern for the rehabilitation of these persons. Like, there should be special arrangement for their education in mainstream schools, so that they cannot be discriminated against and also people should know how to behave with them. They also said to train teachers of these schools on how to treat them.

Joint Commissioner of Police for Crime Against Women (CAW) Sudhir Yadav said that people should come forward to help the mentally disabled. “People should not remain spectators in society and should react if any mentally disabled woman is molested in front of them. They should inform the local police.” Yadav said. He also assured that the police would continue to help the mentally disabled women in society and policemen would be specially trained in this regard.

Source: GJI asks courts to expedite cases related to mentally challenged, The Pioneer, 11 October 2007.

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