But saying that this violates the right to life?
You are in this situation because of your own free will. You have given consent to be placed in a situation like this. It isn't as if you were duped in some way by the AF and cajoled to be in the cockpit of a MiG-21.
It's all on your own free will, I don't think that this case should hold any water because you have given prior consent.
For example, the recent rape case thing in Dubai. THe court decided in the end that the woman gave consent for sex, so it doesn't constitute rape.
If you were forcibly drafted in to the Army, or something like that, then you can say that your right to life is being violated.
If we take the officer's line of argument and yours that the equipment is inferior, then a pilot of some third world AF can also say that his right to life is being violated since he is in a 70's era Soviet plane while the American flies in an F-22! Afghan AF can say the same.
Even a Pakistani soldier can then say, we are being provided tin can Mitsubishi pickups to go into the battlezone, this violates the right to life.
This IMO is a very serious breach of discipline and might even lead to a revolt or mutiny.
let's see how this case pans out.
While you are right in a general sense that joining the armed forces is entirely voluntary, and that the armed forces are an inherently risky profession, I think I (personally, not legally) would side with the plaintiff on this particular issue. Should soldiers be asked to do jobs that are more risky
than necessary? Should a soldier be sent into a Taliban stronghold in a tin-can if better alternatives are available? Should IAF pilots be asked to fly 50 year old mig 21s when better alternatives are available? And if better alternatives are not available, is that not the fault of the employing organization (IAF)? If it was due to lack of funds that the IAF is flying ancient widow-makers, then I suppose the case has no merit. But the IAF is not starved for funds, and has not been, since 2001.
Why should a mig-21 pilot put his neck on the guillotine every day, for every sortie, during
peace time? Why are a few pilots expected to endanger themselves far more than other personnel in the armed forces? A cavalry officer or sailor does no face such a high degree of risk every single day. Nor do sukhoi or mirage pilots.
The mig-21s should have been replaced by now. There are no two ways about it. With what is a good question, with many good answers. It is an institutional failing of the IAF and MoD, that replacing decaying old platforms should take decades, rather than months. If this court case highlights this failing, and serves to rectify it, I would be very pleased.
However, the plaintiff may not be on solid ground, legally. I would expect that the courts would find his case to be devoid of merit. In my opinion, legally he is wrong, but morally he is right. Just my two cents, FWIW.
(Consider this for instance - the IAF is demanding (and have got) and integrated electronic warfare suite on the tejas before they will use it - and yet, they are going to fly mig-21s and 27s till 2019. That's a feature that is not available on their most sophisticated platforms. And Tejas Mk2
has to have an AESA, but they will fly the mig 27s which does not even have a radar. An air force that has such sophisticated toys like MKIs and mirage-2000-5s (soon) and rafales and phalcon AEWACs should
not be flying 200 fifty year old mig21s.)