In a recent ruling, the Allahabad High Court has directed the Uttar Pradesh government to create a structured mechanism for the welfare and grievance redressal of families of serving Armed Forces personnel and martyrs. The decision came in response to a petition filed by Sheetal Chaudhary, an assistant teacher and the wife of a serving Army officer, alleging harassment and inaction by the state administration.
Background of the Case
The case, Writ – A No. 19167 of 2024, was filed by Sheetal Chaudhary against the State of Uttar Pradesh and three others. She was represented by Advocate Vinay Kumar, while the respondents were represented by Additional Advocate General Ashok Mehta, C.S.C. Manoj Kumar Singh, and Suresh Kumar Maurya.
Mrs. Chaudhary’s husband, Subedar Hamvir Singh, is a serving officer in the 20th Battalion, Rajputana Rifles, posted in a sensitive area along the Line of Control in Jammu & Kashmir. She alleged that the absence of her husband had made her vulnerable to harassment, particularly by a Shiksha Mitra, and that repeated complaints to local authorities, including a letter from her husband’s Commanding Officer, Colonel Anand A. Shirali, had not yielded any response.
Legal Issues Considered by the Court
The petition raised a significant public law question regarding the duty of the State Government to support families of Armed Forces personnel facing hardships due to military separations. Key legal issues examined by Justice Ajay Bhanot included:
State Responsibility Towards Families of Defence Personnel – Whether the government has a duty to ensure the safety and well-being of families of serving and martyred personnel.
Systemic Inaction and Redress Mechanisms – The failure of the state to respond to grievances and the lack of a structured mechanism for their resolution.
Legal Mandate for a High-Level Committee – Whether a dedicated system should be institutionalized to address these concerns.
Observations of the Court
Justice Bhanot delivered a strongly worded judgment emphasizing the duty of the State and Society towards the families of soldiers. Quoting the ideals of Field Marshal Chetwode, he remarked:
“The safety, honour, and welfare of your country come first, always and every time. The honour, welfare, and comfort of the men you command come next. Your own ease, comfort, and safety come last, always and every time.”
The Court expressed serious concerns over the lack of an effective administrative mechanism to address the grievances of such families. Justice Bhanot stated:
“The promise of the State to all defence personnel is irrevocable. The duty of State officials to redeem this promise is inviolable. This assurance should warm the hearts and fortify the souls of the defence personnel who guard our frontiers.”
The failure of the state administration to act upon the letter from Colonel Anand A. Shirali, despite its clear urgency, was termed as a dereliction of duty that could impact military morale.
Directives Issued by the Court
In its ruling, the High Court ordered the Uttar Pradesh Government to:
Establish a High-Powered State-Level Committee to oversee the welfare of Armed Forces families, comprising senior state officials and military representatives.
Set Up District-Level Committees chaired by District Magistrates, including representatives from the local military authorities, to promptly address grievances.
Ensure Prompt Action on Complaints – Any communication from a Commanding Officer regarding the welfare of a soldier’s family must be acted upon without delay.
Develop an Accountability System – A structured mechanism for oversight and accountability to prevent future lapses.
The Chief Secretary of Uttar Pradesh, in consultation with the General Officer Commanding-in-Chief, Central Command, was directed to conduct a meeting within 10 days to implement these directives.
Response from the State Government
In response, Additional Advocate General Ashok Mehta assured the Court that the State Government fully supports the formation of a structured welfare system and is committed to its implementation. A Government Order dated January 17, 2025, has already been issued, constituting the High-Powered State-Level Committee, chaired by the Chief Secretary, UP, with participation from senior military officers.
