Scheme formulated by experts : Delhi HC on Agnipath recruitment scheme
The Agnipath scheme aims at recruiting youth into the armed forces for a period of four years during which they would be trained in basic combat and skill training.
While hearing a batch of pleas challenging the Agnipath recruitment scheme of the Union government, the Delhi High Court Monday observed that the scheme had been formulated by experts.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, while hearing the argument made by one of many petitioners challenging the constitutionality of the scheme, observed: “There is a particular policy that the government has framed…It is not compulsory it is voluntary.
The government is saying that we want a young army and therefore the experts have formed the scheme. We (judges) are not the experts… Are we the persons to decide it (service in the scheme) should be made Four years or five years or seven years? It is not in our domain.”
Referring to the various entry schemes (into the armed forces) around the world, the bench further said that it was not here to remark which scheme is better or comment on any military strategy. The high court further said that it is not in the courts’ domain to ask the Centre to do something unless the scheme is found to be so arbitrary that it shocks them.
The Court is hearing a batch of 24 matters, wherein one bunch challenges the scheme directly, the other pertains to the issue that despite the scheme the ongoing recruitment process is still incomplete, and the third bunch deals with pleas wherein the recruitment process has been completed yet appointment has not been given.
The Agnipath scheme aims at recruiting youth into the armed forces for a period of four years during which they would be trained in basic combat and skill training. On completion of their service tenure, all Agniveers will be given the opportunity to be recruited into the armed forces through enrolment in a regular cadre.
One of the several petitioners said that the scheme needs to be reconsidered as the developers of the scheme have not taken suggestions from the people that will be affected by the scheme. “…whenever any scheme is introduced, there is important feedback required from people on whom the scheme is applicable,” he said.
He further argued that the training period for recruits under the scheme – six months – is very short as within this time frame, the recruits or Agniveers are required not only to learn specialisation with respect to operating weapons but also to undergo training that requires physical endurance. “…six months is a very short time. We can’t compromise on national security like this…” he argued.
The petitioner also argued that the tenure of four years is not enough for the recruits to “bond” with their “unit”. “You move with the unit; you fight with your brothers… in such a short time how will that sense of belonging come?” the petition argued.
It was also argued that recruits under the Agnipath scheme will have no fear of leaving the Army as they, in any case, will get just a four-year contract. The matter is next listed on December 14 at 2:15 pm.
The object behind the scheme, the Centre has claimed, is to have a blend of young recruits between the ages of 18-25 years as ‘Agniveers’, supervised by experienced regular cadre personnel between the ages of 26 to 52 years, working under Commanding Officers within the age bracket of 37 to 40 years.
The scheme aims at recruiting youth into the armed forces for a period of four years during which they would be trained in basic combat and skill training. On completion of their service tenure, all Agniveers will be given the opportunity to be recruited into the Indian Armed Forces through enrolment in a regular cadre.
“ Based on Organisational requirements, up to 25 per cent of each specific batch shall be enrolled in the regular cadre of the Armed Forces following a robust, transparent and centralised selection process,” the affidavit by the Centre stated.
Therefore it was argued by another petitioner that the scheme does not formulate a “backup plan” for the 75 per cent of Agniveers “who will be rendered jobless” and also violates the right to ‘equal pay equal work’ .
On point whether the four-year term that Agniveers serve, will be counted in their overall service once a quarter of them are commissioned into the forces, the Additional Solicitor General (ASG) Aishwarya Bhati appearing for the Centre said that she will get specific instructions on this aspect.(IndianExpress)
