Supreme Court Refuses To Entertain PIL To Abolish 'Sahayak System' In India Army

The Supreme Court on Monday refused to entertain a Public Interest Litigation seeking the abolition of the 'Sahayak' system in the Indian Army. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi. 

The term 'Sahayak' means 'buddy' which in army parlance means pairing two soldiers during operations and peacetime postings. This system ensures that the two take care of each other during the war and in peace. It is a colonial system where combat soldiers were treated as orderlies or 'Sahayaks' to maintain the uniforms of the officers.

As per the petitioner, the Sahayak system had continued despite a parliamentary committee deprecating the practice and recommending its discontinuation. Further, the petitioner submitted that the practice of 'Sahayaks' being employed was questionable as when the duties were advanced by the Jawans, the treatment given during the 'otherwise valid course of employment' was not appropriate. 

However, the bench remained unconvinced and stated that a 'Sahayak' meant a helper, which was a definite post in the Army for which the functions that were carried on were a part of the duties of the assigned post. The bench noted that–

"You just read something in the newspaper and file a petition. You file something in 2020 and forget about it. I am sorry this is completely misconceived. There are Sahayaks who are not core army force. Dismiss or withdraw."

Accordingly the petition was withdrawn.