Agnipath scheme voluntary, those having problems don’t join: Delhi High Court

“You have to show us that a right is taken away. There is no compulsion. Don’t join then. If you are good you will be absorbed thereafter. Are we the persons to decide it (service in the scheme) should be made four years or five years or seven years,” the bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said.

The High Court of Delhi.

December 13, 2022

The Delhi High Court on December 12 asked the petitioners who have challenged the Centre’s short-term military recruitment scheme Agnipath as to which of their rights have been violated and whether those having any problem should not join the armed forces under it.

“You have to show us that a right is taken away. There is no compulsion. Don’t join then. If you are good you will be absorbed thereafter. Are we the persons to decide it (service in the scheme) should be made four years or five years or seven years,” the bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said.

As per the Agnipath scheme, those between 17.5 and 21 years of age are eligible to apply and will be inducted for a four-year tenure. The scheme allows 25% of them to be granted regular service subsequently, and the rest 75% to be released with a one-time lump sum payment.

The High Court also pointed out that the Agnipath scheme was formed by subject experts from the three services, and that judges were not military experts who could weigh in on the merits of the scheme.

“To be frank, we are not military experts. You (petitioners) and I are not experts. It has been framed after great efforts by experts in the army, navy, and air force…There is a particular policy that the government has framed,” the bench stated.

The high court was hearing a batch of pleas challenging the Centre’s Agnipath scheme.

The scheme was unveiled on June 14 this year and had led to violent protests in several parts of the country.

 

 

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