Gallantry Medals Should Be Conferred Only At Republic/Independence Day Functions: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that to ensure that the act(s) of bravery remains enlivened, the gallantry awards should be conferred only at Republic Day and Independence Day functions.

The Bench of Justice Sureshwar Thakur also observed that dispatching the gallantry medal directly to the awardees through courier, amounts to a breach of protocol, vis-à-vis, the awarding(s) of conferment of honors.

The facts in brief 

The Court was hearing the plea of one Vikas Sharma who claimed before the Court that he was sent his gallantry award through courier, and thereafter, the same was presented to him by the Hon'ble Chief Minister on the celebrations of Himachal Day.

It was also submitted that the award was conferred on him after a gap of more than three years against the norms prescribed for the conferment/presentation of the Award.

Essentially, he was nominated in the year 2000, for the gallantry service medal, however, he was conferred with the medal, in the month of 2009, April, and it was sent through Courier to him. It was also submitted that he did not receive the monetary as well as other benefits given to the recipients of gallantry service medals.

The State Authorities, in their response, submitted that the delayed conferment of gallantry medal, upon Sharma, in as much, as, in Republic Day or in Independence Day, was a sequel of the General Manager, India Government Mint, Alipore, Kolkata, delaying the manufacture of medals.

Noting the circumstances, the Court observed thus:

"Therefore in no manner, the dispatching to him through a courier of the medal to his abode from the General Manager, India Government Mint, Alipore Kolkata, can become the befitting manner of honoring a celebrity with the presidential conferment of a gallantry award. The afore manner has to be deprecated"

Therefore, the Court directed the general manager, India Government Mint, Alipore, Kolkata to issue a show-cause notice to the official concerned to know as to why he had breached the protocol. The Court also directed the respondents to forthwith purvey benefits associated with the medal, through theirs making communications to the petitioner.

Lastly, the Court issued the following order:

"The Court deems it fit, to make a mandamus, upon the respondents to upon reflection of name(s) of the apposite awardees(s), in the apposite list, to ensure that with the utmost promptness, the medals are manufactured, and, they shall ensure that the awarding of medal, upon, the recipients being promptly done, only at Republic Day or Independence day functions. The promptness in the manufacturing of the medal and also theirs prompt conferment, upon the awardees concerned only in Republic Day function and Independence Day function, will ensure that the act(s) of bravery remain enlivened, especially when it is the salutary purpose behind the honoring of celebrities through medals or gallantry awards."

Case title - Vikas Sharma v. UOI and others

Click Here To Download Order

Read Order