Indian Government’s Policies for the Welfare of War Widows and Dependents of Martyred Soldiers (1947–2000)

Indian Government’s Policies for the Welfare of War Widows and Dependents of Martyred Soldiers (1947–2000) mamta Hatwal INTRODUCTION The Indian Army was established on 1 January 1903 when the Indian Staff Crops were abolished and officers belonging to the Crops were designated as officers of the Indian Army. Before that, its evolution was closely linked to the trading activities of the Company in India. The Indian Army on the eve of World War I (1914–1918) was the largest volunteer army in the world at that time. It consisted of 107 single battalions and 11 regiments of infantry, 38 cavalry regiments, a joint infantry-cavalry unit, 3regiments of sappers and miners and 12 batteries of mountain artillery. In addition of these units, the armies of the Indian princes and regiments of European volunteers could, if necessary, be called on to reinforcement the order of battle.1 In 1938, the total number of the officers including Indian and British was only about 4500 but during the peak period of the war their number had raised to nearly 50,000. There was also a tremendous increase in the fighting forces which by 1943 numbered over 2 million. Furthermore, before independence, more than 74000 soldiers killed in World War I,2 and around 87000 Indian soldiers lost their lives in World War II. On 20 February 1947, the British announced their intension of transferring power to Indian hands by June 1948. However, on 3 June 1947 His Majesty’s Government announced that power would be transferred to two successor states, India and Pakistan on 15 August 1947.3 Since the armed force had to be divided after partition, the demobilization, which had been proceeding since the end of the Second World War, was now suspended. After the end of World War II, the Indian Army was to be reduced to 230 thousand soldiers by June 1948. But due to the halting of demobilization, the strength remained at over 0.4 million.4 1 SUMNER, I., The Indian Army (1914–1947), Oxford 2001, p. 3. 2 URLANIS, B., Wars and Population, Moscow 1971, p. 85. 3 SUBRAHAMANYAM, K., Perspectives in Defense Planning, New Delhi 1972, p. 35. 4 Ibid. OPEN ACCESS mAmTA HATwAL 43 Immediately after independence, tensions between India and Pakistan began to boil over, and the first of three full-scale wars between the two nations broke out over the then princely state of Kashmir, after some time with China. Many soldiers from the Army, Navy and Air Force had laid down their lives while defending the India. Many lives were also lost during these wars and operations. The numbers of martyred soldiers in various operations after 1947 are given in Table 1. S.No. Year Operation Martyred Soldiers 1. 1947–48 Jammu & Kashmir Operation 1.100 2. 1962 Sino-India Conflict 3.250 3. 1965 Indo-Pak War 3.264 4. 1971 Indo-Pak War 50.000 5. 1987–90 Op. Pawan (Sri Laka) 1.157 6. 1999 Op. Vijay (Kargil) 522 7. Anti-Terrorist Operations 250 per year approximately table 1: Number of the Martyred Soldiers in Different Operations5 Overall, tens of thousands of Indian soldiers died, and tens of thousands were badly injured in various wars before and after independence. These numbers, however, tell only a part of the story. The most crucial impact was a social one, the distress of family and dependents of soldiers in the aftermath of their death. There have been some welfare schemes and efforts for the family and dependents of martyred soldiers, however, no serious efforts have been made to document these schemes and efforts systematically. Hence, the objectives of this study were first to know the emergence of policies for the welfare of war widows in India and second to analyze and compare the policies before independence and after independence and finally to evaluate whether these polices were only for War widows or applicable for other dependents too. EVOLUTION OF THE INDIAN GOVERNMENT’S POLICY FOR THE WELFARE OF SOLDIERS AND THEIR DEPENDENTS (UP TO 1947) Before independence, there were typically two types of welfare schemes, i.e. disability and family pension. A ‘disability pension claim’ would arise when a member of Armed Force had suffered a measure of disability due to military service. A ‘family pension claim’ arose when the death of serving member of the armed forces is directly attributed to his military service. In the normal peace of time very few such claims were likely to arise.6 5 Flag Day Report, documented by Department of Sainik Welfare, published by Government of Andhra Pardesh (India) 2006. 6 VANKATSHWARAN, A. L., Defense Organization of India, New Delhi 1967, p. 2. 44 DVACÁTÉ STOLETÍ 1/2015 All cases of commissioned officers in the three Services (Army, navy, air force) required the orders of the Government of India but the pensions were actually disbursed by the respective controllers.7 No disability or family pension was granted unless it could be proved beyond doubt that the disability or the case of death was strictly due to the individual’s military services. Most of the claims, therefore, were liable to be rejected.8 Towards the end of the World War II, one of the major problems, which confronted the Defense Organization, was the settlement of the claims of members of the Armed Forces and of their dependants to disability and family pensions respectively, arising out of disability or death during the war. A special branch, which eventually expanded considerably, was created in the war department to deal with these claims. This Branch also dealt with claims for the extraordinary injury and family pensions of civilian employees of the defense services.9 After the outbreak of the World War II, the Government of India decided in 1941 that the Controllers would not reject any claims of disability pensions themselves. They had either to accept the claim if they were satisfied, or refer them to Service Headquarters for settlement if not satisfied. In 1944, the Ministry of Pensions in the U.K, the Government of India adopted a further liberal approach towards the claims of disability and family pension. The Government accepted the position that compensation should be given to an individual (or in case of his death to his family).10 Since the strength of the Indian Armed Forces crossed the two million mark during the war the above decision, with an increase in the number of casualties, naturally resulted in several lakhs of Claims of disability and family pension.11 With the introduction of the new rules, a sort of quasi-judicial approach was adopted in deciding the pension cases. The new procedure had the effect of causing heavy accumulation of arrears in the Adjutant General’s Branch which had in most cases also sought the advice of the War Department.12 As a result, apart from an increase in the staff of the Controller of Military Accounts (pensions), a wholly new branch of the War Department was necessary to settle all outstanding claims in a manner, which would be satisfactory both to the state and to the claimers. The pension branch in the war department was accordingly set up on 1 April 1945.13 At that time of its formation, the Pensions Branch took over nearly 37,000 Claims of Disability and Family Pensions, which had accumulated by the Adjutant General’s Branch. When the claims reached the pensions branch with the relevant service and medical documents, the first step was to scrutinize the papers and in a number of cases it was found necessary to call for more facts and documents. The settlement of claims was found more difficult in many cases due to inadequacy of the service 7 Ibid., p. 232. 8 SUBRAHAMANYAM, K., op. cit., p. 39. 9 SUMNER, I., op. cit., p. 33. 10 VANKATSHWARAN, A. L., op. cit., p. 235. 11 SUMNER, I., op. cit., p. 35. 12 SUBRAHAMANYAM, K., op. cit., p. 42. 13 VANKATSHWARAN, A. L., op. cit., p. 236. mAmTA HATwAL 45 and medical documents which were prepared under war-time stress.14 The point for decision was whether or not the disability or the cause of death on account of which the claim was made, was due to or aggravated by the individual’s war service. This was however, by no means a simple issue. To assist the officers of the Pensions Branch in reaching to a decision on the claims, there were a number of Military Medical Officers, whose advice was sought on the purely medical aspects of the claim. Cases, which involved payment of pension, were decided in consultation with the Ministry of Finance (Defense).15 Ex-soldiers and their dependents were also given an opportunity to appeal against the decisions of the Government on claims of Disability and Family Pensions. For this purpose two different types of Tribunals were set up, namely, Entitlement Appeal Tribunals and Assessment Appeal Tribunals. There was a Central Appeal Tribunal which was the ultimate appellate authority.16 Before independence of India the Pensions Branch was dealing with the Pension Claims in respect of members of the undivided Indian Armed Forces. At the time of partition, the Government of India accepted the primary liability for the cost of pensions in all cases where awards had been given prior to 15 August 1947 irrespective of whether the claimants were nationals of India or Pakistan.17 Accordingly, the Pension Branch continued to dispose of all such pre-partition claims. However as a corollary, two of the Pensions Appeals Tribunals were entrusted with the hearing of appeals from Pakistan nationals against the decision of the Government of India, and one of these Tribunals functioned of Lahore.18 At the peak stage of expansion (1948), the strength of the staff of the Pensions Branch was even more than that of the Defense Ministry. From 1949 onwards, there was a steady diminution in the staff in this Branch and on 1 April 1951 the only remaining four sections were merged with the main Ministry and the Pensions Branch ceased to exist as a separate entity. Subsequently, two of these four sections were also abolished, thereby leaving only two sections to deal with casualty pension’s work.19 The work relating to war pension Claims was almost over by 1956. The new claims were now being considered by the pensions sections, which were mainly related to the post war casualties. This work could not end at any time as casualties always occurred and created fresh claims.20 The magnitude of the work accomplished by the pension branch could be gauged from the fact that up to 1 January 1957 it had disposed of one hundred sixteen thousand, five hundred seventy-four (116,574) claims, the balance left was only 184.21 Up to the same date 47,211 entitlement appeals and 24,091 assessment appeals had been dealt with. The balance left was 141 and 54 respectively. 14 Ibid., p. 237. 15 Ibid. 16 Ibid., p. 237. 17 Ibid., p. 238. 18 Ibid. 19 Ibid. 20 Ibid., p. 239. 21 Ibid. 46 DVACÁTÉ STOLETÍ 1/2015 The Pensions Appeal Tribunals adjudicated 20,158 entitlement appeals and 13,768 assessment appeals. The Central Appeal Tribunal adjudicated 1,884 appeals against the decision of the Pension Appeal Tribunals.22 In 1951, the right to appeal to a tribunal against the assessment of disablement was withdrawn by a decision taken on 1 May 1950. Similarly right to appeal to entitlement tribunal against entitlement to disability or Family Pension was also withdrawn by a decision taken on 31 September 1953.23 All appeals made on or after the 15 January 1954 (up to which date the appeals had been disposed of by the Tribunals) by exmembers of the Armed Forces or their dependants in relation to war or post-war service, were therefore considered on their merits by the Government of India. Despite the fact that policies of Army Welfare before independence were there, war-widows continued to be neglected. EMERGENCE OF THE POLICY (AFTER INDEPENDENCE: 1947–2000) After independence, India formulated a fresh defense policy and assessed its defense requirements in the context of its own circumstances and resources. For this purpose the size, composition and organization of the defense forces was first to be determined. In order to do so, the balance had necessarily to be struck between the social objectives of the new independent state and its military requirements.24 To fulfill social objectives, war widows and dependents of martyred soldiers were helped by the Indian Government by providing financial aid for the welfare of these families. However, the expenditure depended upon the defense budget of the Indian Army of the particular year. After 1997 the financial help by the government to dependents were increased (Table 2). The main reason behind it was military budget, which was rapidly increased after 1997. We can see it in the table as well. S.No. Financial Year Actual Allocation* Percentage 1. 1996–1997 295,050 Million 9.86 2. 1997–1998 352,780 Million 19.57 3. 1998–1999 398,970 Million 13.10 4. 1999–2000 470,700 Million 17.98 5. 2000–2001 544,600 Million 15.70 6. 2001–2002 620,000 Million 13.84 table 2: Defense Budget of Indian Army in INR (1996–2002)25 *Currency is in Indian Rupees (INR) 22 SUMNER, I., op. cit., p. 62. 23 VANKATSHWARAN, A. L., op. cit., p. 239. 24 Ibid., p. 85. 25 Military budget of India 1996–2003, in: http://www.globalsecurity.org/military/world/india/budget.htm. mAmTA HATwAL 47 After independence government implements lots of facilities to welfare of war widows. Policy of Ex-gratia is one of the main and important policies in finical aid. Providing speedy and effective assistance to the dependents of those service personnel who were killed in action whether in war or in peace time or of those who were so severely disable that they were unable to take up even civil employment had been the major concern of the Central Government as well as State Governments during the period under study. The large number of concessions and facilities had been provided to the army personnel.26 However, it was seen that a number of ‘dependents’ were not able to take advantage of these facilities and concessions due to lack of knowledge.27 Before we go further into the details of the concessions and facilities available, it would be worthwhile to see what the definition of a ‘dependents’ was. Normally, the term ‘family’ included the widows and/or son/daughter in case of married personnel and parents in the case of unmarried personnel.28 However many individuals falling in this category might not be able to take advantage of the concessions and facilities offered to them due to various personal constraints. For instance, the age of parents might be too old to take up any job, lack of education, lack of mobility, family problems like very young children or the social custom not permitting the widow to work outside the home, etc. Hence, a liberal definition of the ‘dependents’ had been adopted which included besides the family members mentioned above the near relatives who would agree to support the family of the deceased. However, the right of nominating a near relative /relations was given to only with the widow or parents.29 FINANCIAL ASSISTANCE TO BATTLE CAUSALITIES Indian Government implemented various welfare policies for soldiers and their families. But financial help was one of the most important steps; the policy of ex-gratia was one of important aid. The ex-gratia was a financial support which was given by government to War-Widows to help in their livelihood. The causalities can be classified into six distinct categories based on the entitlement available from time to time. The details are given in succeeding tables. Table 3 belongs to benefits of Next to Kin (NOK), which mean benefits to dependences of martyred soldier. It is clear from the category-1(Table 3) that amount of ex-gratia was not started for martyred soldiers during 15 August 1947 to 19 August 1993. National Defense Fund (NDF) and Army Central Welfare Fund (ACWF) were 50,000 INR. Whilst Category-2 reflects that after 1993 Central Government started to provide ex-gratia to deceased soldiers. Even It was 0.1 million, it could help warwidows and dependents to some extant. The NDF and ACWF remained same for the all ranks. It is evident from the in category-3 (Table 3) that ex-gratia had been 26 BEBVATA, E. R., An Informative Guide for In-Service. Ex-Service and Their Families Dependents and War-Widows, New Delhi 2008, p. 48. 27 BEBVATA, E. R., op. cit., p. 49. 28 Ibid., p. 102. 29 Ibid. 48 DVACÁTÉ STOLETÍ 1/2015 increased than the category 2.30 It was due to the enhancement in the total army budget. As mentioned earlier, the defense budget in 1996–1997 was 295,050 million INR, which was increased by 9.86%. Thus the amount of ex-gratia had been increased. Category-4 shows that from year 1997 to 1999 the ex-gratia was drastically increased. Actually the military budget was increased by 19.57% from earlier years (see table 2) Thus ex-gratia was also increased. There was no change in both NDF and ACWF funds, hence remained same. Category-5 (Table 3) was the period of Kargil war. The ex-gratia provided by Central Government was 1 million for the all ranks because of Operation Vijay-Kargil. During the period NDF also provided large number of financial aid for the families of martyred soldiers. Dwelling unit can be defined as a unit or regiment from where the martyred soldiers belong. Now that unit had also to give amount of 0.5 million INR for families of all ranks. Meantime, two new funds were introduced. Those were Education and Assistance to Parents funds. These funds were directly accessible to the children and the parents of the martyred soldiers respectively. Reduction in ACWF from 50,000 to 30,000 INR was noteworthy. In the category-6 the ex-gratia provided by Central Government was 0.75 million for the all rank holders. The ACWF remained same i.e. 30,000 INR, while the NDF was nil for remaining (non-Kargil) operations. For those soldiers who were became disable after war or soldiers who were boarder out and prematurely released soldiers, for helping them government fixed a amount which was increased or change time to time. During the period of 1947 to 1999 the benefits to disable soldiers was not enough. For the disable soldiers, only Army central welfare fund was permissible till 1997 and that was 0.1 million INR. Other funds like Ex-gratia 30 War-Widows and Ex-Servicemen Welfare Schemes, published by Army Headquarter, PSCW Directorate (Ministry of Defense) India 2008, pp. 253–255. S.No. Types of benefits Category-1 (15 August1947 to 19 August1993) Category-2 (19 August 1993 to 01 May 1995) Category-3 (01 May 1995 to 30 April 1997) Category-4 (01 August 1997 to 30 April 1999) Category-5 (01 May 1999 to 31 Oct 1999) Category-6 (Operations other than OP Vijay–Kargil (w.e.f. 01 May 1999)) Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR 1. Ex-gratia from Central Government Nil Nil 0.1 Million 0.1 Million 0.1 Million 0.2 Million 0.75 Million 0.75 Million 1 Million 1 Million 0.75 Million 0.75 Million 2. National Defense Fund 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Dwelling Unit 50,000 50,000 Education 0.1–0.2 Million 0.1–0.2 Million Assistance to Parents 0.2 Million 0.2 Million 3. Army Central Welfare Fund 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 30,000 30,000 30,000 30,000 table 3: Benefits* offered to Next to Kin (NOK)of the Deceased31 *Currency is in Indian Rupees (INR) mAmTA HATwAL 49 from Central Government and National Defense Fund was nil for disable soldiers. During the period of 1st May 1999 to 31st Oct 1999, the ex-gratia for disable soldiers was nil under National Defense Fund disability funds were now divided into 3 main sub-categories according to the degree of disability. (1) 75% to 100% disability, for this category officers, JCO/OR were getting amount of 0.6 million. (2) 50% to 75% disability, each soldiers from all ranks belong to this category were funded 0.45 million INR. (3) Less than 50% disability, in this category soldiers from all ranks were helped by 0.3 million INR respectively. Further, the Education fund was fixed as 0.1 million INR per child and up to 0.2 million INR. Meantime, the ACWF remained same i.e. 30,000 INR. For disable soldiers in the Operations other than OP Vijay–Kargil (w.e.f. 01 May 1999) the ex-gratia provided by Central Government was again Nil. Army central welfare fund was higher for the disable soldiers than the deceased soldiers. Again the amount was divided into sub-categories according to percentage of the disability. (1) Boarded out for this 0.1 million INR was fixed for all ranks. (2)Solider who became Retained in Service for them government help 30,000 INR to all. (3)Based on disability percentage every solider was getting 20,000 to 0.1 million INR. National defense fun was nil at this time. For the martyred of OP Vijay–Kargil, the Central Government, the State Government and other organizations provided various benefits and concessions (Table 4). Ex-gratia provided by the Central Government was 1 million, while it was 0.1 to 0.2 million INR provided by the respective State Governments. Different organizations for example AGI, AFGI, NGIF also supported the families of martyred soldiers by providing financial assistance. AWWA and AFWWA also helped by providing financial support, which was equal for the all ranks. ACWF remained same i.e. 30,000 INR while, the new IAF Central Welfare Fund was 0.1 million INR for each family. Dwelling unit also provided amount of 0.1 million INR. S.No. Types of benefits Category-1 (15 August1947 to 19 August1993) Category-2 (19 August 1993 to 01 May 1995) Category-3 (01 May 1995 to 30 April 1997) Category-4 (01 August 1997 to 30 April 1999) Category-5 (01 May 1999 to 31 Oct 1999) Category-6 (Operations other than OP Vijay–Kargil (w.e.f. 01 May 1999)) Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR Officers JCO/OR 1. Ex-gratia from Central Government Nil Nil 0.1 Million 0.1 Million 0.1 Million 0.2 Million 0.75 Million 0.75 Million 1 Million 1 Million 0.75 Million 0.75 Million 2. National Defense Fund 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Dwelling Unit 50,000 50,000 Education 0.1–0.2 Million 0.1–0.2 Million Assistance to Parents 0.2 Million 0.2 Million 3. Army Central Welfare Fund 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 30,000 30,000 30,000 30,000 table 3: Benefits* offered to Next to Kin (NOK)of the Deceased31 *Currency is in Indian Rupees (INR) 50 DVACÁTÉ STOLETÍ 1/2015 S. No. Type of Benefits Officers JCO/OR 1. Ex-gratia from Central Government 1 Million 1 Million 2. State Ex-gratia 0.1 to 0.2 Million 0.1 to 0.2 Million 3. AGI/AFGI/NGIF 0.8/1.283/0.9 Million 0.375/0.641/0.525 Million Army Officers 50,000 – Benevolent Fund 2000/- p.m. for 15 years 1500/- p.m. for 15 years Or INBA 15000 15000 4. AWWA/AFWWA 0.005/0.007 Million 0.005/0.007 Million 5. Army Central Welfare Fund 30,000 30,000 Fund or IAF Central Fund 0.1 Million for each family 0.1 Million for each family 6. Cash from National Defense Fund Towards Dwelling Unit 0.5 Million 0.5 Million AGI = Army Group Insurance, AFGI = Air Force Group Insurance, NGIF = Navy Group Insurance Fund, INBA = Indian Naval Benevolent Association, AWWA = Army Wives Welfare Association, AFWWA = Air force Wives Welfare Association, *Currency is in Indian Rupees (INR) table 4: Benefits* offered to Next to Kin of the Kargil Martyred31 OTHER FACILITIES AND CONCESSIONS FOR WAR-WIDOWS The widows/dependents of the service personnel were classified into two categories on the basis on type of death of the service personnel: i. Death/disability (over 50% & unfit for civil employment) in war and peace time but attributable for military service. ii. Death in peace time but not attributable to military service.32 Indian government provides concessions for employment to war widows, which make more accessible their way toward employment. Up to two dependents of first category were eligible for employment assistance while one dependent of the second category was eligible for compassionate appointment.33 Similarly some specific facilities or concessions were there such as age concession and facilities of advance training. Widows were allowed age concession up to 35 year of age for appointment in group ‘c’ and ‘d’ posts.34 No age concession was allowed to other dependents. In case of facilities of advance training, War-Widows or at least one child of Defense personnel who died in harness were eligible for getting advance training for settling up self-employment.35 The State Governments also provided some facilities to War-Widows and dependents to some extant. But previously it was not enough. However after Kargil 31 War-Widows and Ex-Servicemen Welfare Schemes, p. 256. 32 BEBVATA, E. R., op. cit., p. 102. 33 Ibid., p. 103. 34 War-Widows and Ex-Servicemen Welfare Schemes, p. 173. 35 Ibid.