Jyotibai Shriram Naik, the mother of martyred Agniveer M. Murali Naik, has filed a writ petition in the Bombay High Court, alleging that the Agnipath scheme creates an "arbitrary" distinction between Agniveers and regular soldiers, and thus unfairly deprives her family of benefits granted to families of regular soldiers. The petition challenges the denial of full death benefits and family protections routinely granted to families of regular soldiers.
Murali Naik was killed on May 9, 2025, in Poonch, Jammu & Kashmir, during cross-border shelling as part of Operation Sindoor, which was launched after the Pahalgam terror attack. He had been recruited into the Indian Army in June 2023. According to the petition, the Agnipath scheme "expressly excludes Agniveers from post-service pension benefits and other long-term welfare entitlements normally available to regular soldiers".
The Agnipath scheme, launched on June 14, 2022, allows young men and women between 17 and 23 years old to serve in the Armed Forces for a four-year period, after which they are known as Agniveers. Agniveers receive a starting salary of ₹30,000 per month, which increases to ₹40,000 by the end of their four-year service. Upon completion of their service, they receive a Seva Nidhi package of approximately ₹10.04 lakhs, which includes accrued interest. They also receive a skill certificate outlining their skills and expertise. During their service, Agniveers receive necessary allowances and are entitled to medical care at military hospitals and CSD benefits. They also have a non-contributory life insurance policy of ₹48 lakhs.
However, unlike regular soldiers, Agniveers are not eligible for pension benefits. While the family of a martyred Agniveer receives an ex-gratia payment of approximately ₹1 crore, they are not eligible for a regular family pension or several institutional support measures available to the families of regular army personnel. Jyotibai Naik's petition argues that this creates an "arbitrary and unreasonable classification between Agniveers and regular soldiers without any intelligible differentia," violating fundamental rights under the Constitution. The petition emphasizes that Agniveers face the same risks, perform the same duties, and make the same sacrifices as regular soldiers.
The petition, filed through Advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, seeks to address this disparity. It points out that after her son's death, Jyotibai Naik wrote to multiple authorities seeking equal benefits but received no response. The Commanding Officer's condolence letter lauded Naik's bravery, leadership, and selfless service, affirming that his supreme sacrifice would never be forgotten.
The Agnipath scheme has faced criticism and protests since its inception. While the government has introduced measures to support Agniveers after their service, such as reservations in CAPFs, Assam Rifles, and the Ministry of Defence, the core issue of pensionary benefits remains a point of contention. Some state governments have also promised priority to Agniveers in police recruitment and other jobs.
This case in the Bombay High Court highlights the ongoing debate surrounding the Agnipath scheme and the benefits provided to Agniveers and their families. The court's decision could have significant implications for the future of the scheme and the rights of Agniveers in the Indian Armed Forces.
