Can army deny pension for Schizophrenia? Jammu and Kashmir and Ladakh High Court rejects centre’s ‘vague’ peace posting argument

The division bench said that the medical opinion rendered by the authorities was vague and cryptic. (Image enhanced using AI)

The order added that the burden to prove the absence of a causal connection between the disability and the army was also on the military authorities.

Case of ‘Schizophrenia’

• The respondent was enrolled in the Indian Army in July 2001 in a fit state of health and was discharged in July 2018.
• Before his discharge, a Release Medical Board (RMB) assessed him as suffering from Schizophrenia with a 40 per cent disability for life.
• However, the RMB concluded the condition was neither attributable to nor aggravated by military service, leading to the rejection of his pension claim.
• The AFT subsequently overturned this decision in 2022, granting him disability pension at 50 per cent after rounding off.
• Following this, the union of India and others throw challenge to an order in the high court.

‘Medical opinion is vague and cryptic’

• To disentitle the ex-soldier from claiming the disability pension, the state is required to plead and demonstrate that the disability “Schizophrenia”, which led to the discharge of the soldier, though arising during service, was neither attributable to nor aggravated by army service.
• The military authorities have stated the reason /justification for declaring the disease suffered by the soldier as neither attributable to nor aggravated by military service as “onset being in a peace area, i.e., Dalhousie (HP).
• It cannot be said that the authorities have succeeded in discharging the burden to prove disentitlement on the ground of the absence of a causal connection between the disability and the army service.
• To disentitle the soldier from claiming disability element of pension, the petitioners were required to plead and demonstrate that the disability noted by the release medical board, though having arisen during service, was neither attributable to nor aggravated by military service.
• The medical opinion rendered in the case of the military authorities is vague and cryptic. Therefore, the benefit of such ambiguity must be given to the soldier.

What is ‘Schizophrenia’?

• ‘Schizophrenia’ refers to a psychiatric condition characterized by excessive suspicion, mistrust, or the false belief that others are conspiring against, persecuting, or intending harm to the individual.
• It may appear as part of various mental health disorders, such as paranoid schizophrenia, delusional disorder (persecutory type), or paranoid personality disorder.
• It can arise from a combination of biological, psychological, and environmental factors, including Genetic and biological vulnerability, Brain, and trauma, etc.
• Exposure to severe or chronic stress, trauma or isolation due to service compulsions are some of the factors which do have the effect of aggravation.