Bombay HC seeks centre’s reply on plea for equal death benefits to Agniveer’s family

The Bombay High Court on Tuesday, December 16, 2025, issued notice to the Union Ministry of Defense on a petition filed by the mother of Agniveer Murali Naik, who was killed in cross-border shelling in Jammu and Kashmir during Operation Sindoor, challenging the denial of full death benefits provided to families of regular soldiers.

The Division Bench comprising Justice Ravindra Ghuge and Justice Ashwin D. Bhobe directed the Center to file its reply by January 15, 2026 and posted the matter for hearing on the same date. Advocate Prakash Ambedkar appeared before the petitioner along with advocates Hitendra Gandhi and Sandesh More.

The plea filed by Naik’s mother, Jyothibai Shriram Naik, alleges that the Centre’s Agnipath scheme has created an “arbitrary and unreasonable” distinction between Agniveers and regular soldiers, resulting in “discriminatory” denial of long-term welfare benefits to families of those killed in service. It argues that Agniveers perform the same duties and face the same risks as regular soldiers but are excluded from post-service retirement and institutional recognition.

Naik, who was recruited under the Agnipath scheme in June 2023, was killed in Poonch on May 9, 2025, when the Pakistan Army launched heavy artillery and mortar attacks during Operation Sindoor, a retaliatory military action following the Pahalgam terror attack in April that killed 26 people, mostly tourists.

According to the petition, families of martyred Agniveers receive an ex-gratia of around ₹ 1 crore but are deprived of regular family pension and other benefits provided to relatives of regular soldiers. The petitioner sought directions to provide equal post-mortem benefits, including pensions and benefits, to the families of Agniveers killed in the line of duty.

The plea argues that the validity of the Agnipath scheme is not challenged in its entirety, but the classification violates fundamental rights under the Constitution. “This plan created an arbitrary and illogical classification with no understandable distinction between Agniveers and regular soldiers,” he said.

“My son wore the same uniform, took the same oath and faced the same dangers as any ordinary soldier. But due to the terms of the Agnipath scheme, his ultimate sacrifice is not recognized with the dignity, honor and security that the family of a martyred soldier should receive,” Ms Naik said in her defence.

Launched in 2022, the Agnipath program provides short-term deployment of personnel in the Army, Navy and Air Force; It recruits candidates ages 17.5 to 21 for four years, with 25% retained for an additional 15 years.