Justice Surya Kant: Don’t Make Soldiers Fight Two Battles-At Border and at Home

The importance of the role of the armed forces was emphasized by Chief Justice of India Justice Surya Kant on Monday. He said, “The country should not make the soldier fight two battles at once.” He was of the view that a soldier should not fight one battle on the border and another battle for their legal rights in the country. Thus, it is essential to provide better access to justice to the soldier.

Justice Surya Kant talked about the topic “Key Points of the Honourable Chief Justice's Address.” He emphasized the importance of the judiciary and the armed forces. He said that the judiciary maintains the values of the constitution, whereas the soldiers maintain the circumstances to maintain those values.

Beginning his address amidst the serene yet harsh Himalayan atmosphere, the CJI paid tribute to the bravery of soldiers and specifically mentioned the 1962 Rezang La battle. He recalled the sacrifice of Major Shaitan Singh Bhati and the 114 soldiers of Charlie Company of 13 Kumaon.

He said, "The Constitution speaks of rights, dignity, equality, and justice. But it is you (the soldiers) who ensure the conditions for upholding these promises." He said, "No country can talk of freedom or justice if it cannot safeguard its sovereignty, stability, and peace. In this sense, the work of the court and the soldier, while distinct, is linked to a common purpose and complements each other."

Referring to the problems faced by soldiers, he said that serving in uniform does not eliminate the normal difficulties of life, and a soldier may face problems such as land disputes. He said, a former soldier may have to struggle for service-related or welfare-related rights, while the family may face difficulties such as pension delays, housing problems, marital disputes, or administrative apathy.

He said, the country should never put its soldiers in a position where they have to fight two battles simultaneously—one on the border and the other at home for their rights. The law must reach the soldier, as it cannot always be accessed by the soldier. He said, this is not just a matter of sympathy, but of constitutional responsibility. If state institutions fail to provide timely legal aid to those who protect the nation, they fall short of their moral and constitutional responsibilities.

The CJI also mentioned the 'Veer Parivar Sahayata Yojana,' which was launched under the National Legal Services Authority. This scheme provides free legal aid to soldiers, former soldiers, their families, and paramilitary personnel. He said that implementing this scheme has been one of the major achievements of his tenure. So far, 14,929 people have been assisted across the country, and 438 legal service centers have been started, including 34 State Sainik Boards and 404 District Sainik Boards.

He said a team of 1,123 people is implementing this scheme to create an environment of trust and sensitivity. This team includes 378 members from defense backgrounds. Under this scheme, matters such as property disputes, pension delays, marital disputes, and school admissions are being resolved. Concluding his address, he said, "You protect the country's borders. It is the duty of the country's institutions to protect all your interests with full strength."