The Bombay High Court has taken up a case challenging the disparity in death benefits between Agniveers and regular soldiers. The court issued a notice to the Union Ministry of Defence on Tuesday, December 16, 2025, following a petition filed by Jyothibai Shriram Naik, the mother of Agniveer Murali Naik.
Legal Challenge to Agniveer Benefits
Agniveer Naik was killed in cross-border shelling in Jammu & Kashmir on May 9, 2025, during Operation Sindoor. The petition argues that the Agnipath scheme creates an “arbitrary and unreasonable” distinction, leading to a “discriminatory” denial of benefits to the families of Agniveers who die in service.
Jyothibai Naik’s plea contends that Agniveers undertake the same duties and face the same risks as regular soldiers, yet are excluded from post-service pensions and other forms of institutional recognition. The petition specifically seeks directions to grant equal posthumous benefits, including pensions and welfare measures, to the families of Agniveers who lose their lives in the line of duty.
The Agnipath Scheme
Introduced in 2022, the Agnipath scheme recruits individuals aged 17.5 to 21 years for a four-year term in the Army, Navy, and Air Force. Twenty-five percent of recruits are retained for an additional 15 years of service.
The Division Bench, comprising Justice Ravindra Ghuge and Justice Ashwin D. Bhobe, has directed the Centre to file a response by January 15, 2026. The matter is scheduled for a further hearing on the same date. Advocates Prakash Ambedkar, Hitendra Gandhi, and Sandesh More are representing the petitioner.
According to the petition, while families of martyred Agniveers receive an ex-gratia payment of approximately ₹1 crore, they are not entitled to the regular family pension and other benefits afforded to the families of regular soldiers.
Frequently Asked Questions
What is the Agnipath scheme?
The Agnipath scheme, introduced in 2022, is a short-term recruitment scheme for the Indian Armed Forces, recruiting candidates between 17.5 and 21 years of age for a four-year period, with 25% being retained for an additional 15 years.
What prompted this legal challenge?
The legal challenge was prompted by the death of Agniveer Murali Naik during Operation Sindoor and the subsequent denial of full death benefits to his mother, Jyothibai Shriram Naik, compared to those received by the families of regular soldiers.
Does this petition seek to abolish the Agnipath scheme?
No, the petition does not challenge the validity of the Agnipath scheme as a whole. It specifically asserts that the classification between Agniveers and regular soldiers regarding benefits violates fundamental rights under the Constitution.
As the case proceeds, it remains to be seen whether the court will rule in favor of equalizing benefits for Agniveers and regular soldiers, or whether the current distinctions will be upheld. A ruling could set a precedent for future cases involving Agniveer benefits and potentially influence the long-term implementation of the Agnipath scheme.
