Recently, the Jammu and Kashmir and Ladakh High Court held that individuals involved in militancy are not entitled for pension under the Swantantrata Sainik Samman Pension Scheme.

The single-headed bench of Justice Sanjay Dhar clarifies that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension 1980.

"It is clear that a person who has fought against the militancy is not eligible under the said Scheme. It is only those persons who have participated in the National Freedom Struggle, who are eligible for benefits under the Scheme."

The petitioner approached the Court with the request to be considered as a part of the freedom fighters category under the Swantantrata Sainik Samman Pension Scheme (SSSP) of the Indian Government. The petitioner's argument was based on the belief that his actions in combating various militants, for which he had received recognition and appreciation from the Indian Army, should make him eligible for the pension benefits provided by the scheme.

The Court examined the said scheme, and noted that this scheme reserves the pension for individuals who actively participated in the National Freedom Struggle against British colonial rule in India.

Further, the Court noted that the eligibility criteria outlined in the SSA Pension 1980 stipulate that to be considered a freedom fighter under the scheme, an individual must have suffered a minimum of six months imprisonment in mainland jails before India gained independence.