Next of Kin Rule: Why Capt. Anshuman Singh’s Parents Want Them Changed? How Does It Work?

Just a few days after their martyred son was awarded India’s second-highest peacetime gallantry award, Kirti Chakra, the parents of Captain Anshuman Singh called for changes in the Indian Army’s ‘Next of Kin’ (NOK) law. Singh died last year in July while saving fellow soldiers from a fire in Siachen at an Indian Army ammunition dump.

Singh’s father Ravi Pratap Singh and mother Manju Singh called the present NOK criteria ‘incorrect’. The parents questioned the criteria that allowed Singh’s wife to get major entitlements after their son’s demise. They said, “Smriti Singh (Singh’s widow) moved out of the house and is currently receiving the majority of the entitlement.”

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Who Is Next of Kin?

NOK refers to a person's closest living relative(s). Typically, individuals counted as next of kin include those with a direct blood relation, such as children, or those with legal standing like spouses or adopted children.

Why does it matter?

The next of kin takes precedence over others when it comes to inheritance, especially in cases where a will has not been established.

In the defence sector, the NOK rule determines who is legally recognised as the closest living relative of a deceased/martyred soldier. The NOK rule is crucial in various legal and administrative matters, including the distribution of assets, pensions, receiving medical benefits, and making decisions regarding the deceased’s estate and other legal remains.

The hierarchy typically follows a straightforward path:

1. Spouse

2. Children

3. Parents

4. Siblings

Why such an order?

This order assumes that the spouses and children of the deceased are the primary dependents and therefore prioritises their needs and rights over those of the parents or other relatives.

Assistance Owed to NoK

When an officer is commissioned in the Army they are asked to execute a will in which he or she mentions who will get benefits (NoK) in case of the death of the officer. This nomination will cover benefits from the Army Group Insurance Fund (AGIF), PF, and other properties the officer may have.

Financial assistance in terms of benefits like ex-gratia is provided under various categories to the widow and dependent of a deceased soldier as per pension regulations established by the government.

The assistance apart from pension and medical benefits stretches far into other resettlement schemes also run by the Directorate General of Resettlement (DGR) to ensure proper resettlement of war widows/ dependents.

What does the NoK rule entitle? As per the rules of the Indian Army, when a cadet or officer gets married, their spouse’s name gets listed as their next of kin rather than their parents. Due to this rule, the ex-gratia amount is thereby given to NOK if something happens to the individual while in service.

Singh’s father, therefore, is advocating for amendments to the NOK rule, suggesting the inclusion of adjustments to the ‘assistance amount’ including other facilities provided by the government to the parents and the wife of the deceased soldier.

The father also said that the government should provide a ‘replica’ of military honours to the parents of the soldier along with the wife so that both can keep the memories of their son, in cases where the wife leaves the place of her in-laws to live somewhere else.

Difference Between Pension & Ex-gratia Amount Received by NOK

The army law states that pension and gratuity to families and dependents are based on the last pay drawn and the last rank held by the late soldiers at the time of their death.

The ex-gratia amount, on the other hand, is given to the NoK of a soldier killed in action or in the course of duty irrespective of rank and qualifying service, based on circumstances of death.

Can you change your next of kin? Nomination of parents, wife, or any other living relative as NOK is the officer’s choice. The soldiers in the Indian Army can change their NoK under a given procedure as set by the Army.

Who is eligible for compensation in other sectors?

Immediate family members are typically the first in line to be eligible for any compensation, benefits, or entitlements as a next of kin depending on the situation and sector.

A person, whilst making their Will chooses their NoK who would be entitled to own the assets left behind, particularly in the case of estate or other specified objects such as family heirloom, etc. Generally, the NoK in other sectors too are blood relatives, spouses, children (adopted as well), parents, and extended family members.

However, in some cases, non-relatives can be named as a next of kin or beneficiary, particularly for financial accounts/assets, insurance policies, and/or other contractual arrangements. The eligibility for compensation though may be limited compared to an immediate or an extended family member.