'Armed Forces Custodian Of Nation's Integrity': Allahabad HC Directs UP Govt To Frame Grievance Redressal Mechanism For Their Families

A bench of Justice Ajay Bhanot issued the order while hearing a writ petition filed by Sheetal Chaudhary, the wife of army personnel deployed at a sensitive border area, who had been facing harassment by an individual.

Emphasizing that the welfare of families of serving military personnel is of utmost importance, the single Judge observed thus:

“Armed forces are the custodians of the sovereignty and integrity of the country. Defence personnel perform their high duties even at the peril of their lives. The families of service personnel are often separated due to exigencies of military service. A solemn obligation is cast on a grateful nation to ensure that the families of service personnel who are separated are fully protected.”

The court made it clear that the State must act promptly on the complaints involving the families of military personnel, as the court stressed that such people should never be abandoned or left vulnerable.

The court emphasised that there is a sacred duty on the State to safeguard the families of defence personnel, stating, “The promise of the State to all defence personnel is irrevocable. The duty of the State officials to redeem the promise is inviolable. This assurance should warm the hearts and fortify the souls of the defence personnel who guard our frontiers.”

In this case, the petitioner, a teacher was allegedly being harassed by an individual, a Shiksha Mitra. Despite a letter from her husband (army personnel) seeking action from the local authorities, including the District Collector and Superintendent of Police in Firozabad, no action has been taken to resolve the matter.

Though the alleged harasser was transferred, he visited the school, where the petitioner worked, for some work-related purpose, which led to her alleged harassment.

Before the HC, her counsel submitted that the state authorities were not addressing her grievance, and this was impacting her husband's ability to carry out his duties toward the nation.

Taking note of the case of the petitioner, the Court, at the outset, observed that the families of service personnel are often separated due to exigencies of military service and that a solemn obligation is cast on a grateful nation to ensure that such family members are fully protected and their welfare is catered to by the State Government.

“Families of military personnel thus separated become vulnerable on account of an unresponsive administration, and the servicemen become despondent while facing an impersonal bureaucracy. The families of defence personnel thus separated cannot be abandoned or left to their own devices by the State,” the Court remarked.

The single judge added that the State authorities / local administrations have the duty to ensure that any communication sent by a serving military in regard to harassment or other problems being faced by the family members of defence personnel posted elsewhere are promptly attended to and efficaciously redressed by the competent State authorities.

The Court also opined that a system of accountability has to exist in the State Government, and appropriate action must be taken against the officers who show apathy to the plight of the family members of military personnel serving in different parts of the country or are negligent in redressal of their grievances.

Addressing the Court, the state government submitted that it accords the highest regard to serving defence personnel who hold the front line of our nation and that it was open to incorporating suggestions from the defence services for upgrading the aforesaid scheme and realizing its intent.

In view of this, the Court directed the state government to come up with a policy in this regard while addressing the following issues raised by the Court:

1. The scheme for welfare measures and grievance redressal mechanism for families of serving defence personnel who are separated on account of exigencies of military service has to be drawn up and evolved by the State Government with active participation and inputs from serving senior defence officials.
2. A permanent committee composed of senior defence officials (representing the interests of all three services) and senior officials of the State Government will be the apex body which shall constantly supervise the implementation and upgradation of the aforesaid Government Orders and grievance redressal mechanism. The committee shall meet at regular intervals.
3. At the local level similar committees having representation of local administration and nearest military formation can process the implementation of the grievance redressal mechanism or welfare measures scheme of the State Government.
4. The scheme of grievance redressal and welfare measures should provide for the procedure and nominated officials responsible for implementing the same.
5. The procedure and the welfare measures and grievance redressal mechanism may be upgraded from time to time on the basis of experience gained while implementing the aforesaid measures.

Case title - Sheetal Chaudhary vs. State Of Up And 3 Others

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