New Delhi (NVI): The Supreme Court today upheld a 2010 ruling by Delhi High Court for granting permanent commission to women officers in the Indian Army while directing the Central government in this regard.
An SC bench comprising Justices DY Chandrachud and Ajoy Rastogi said that women officers should be granted permanent commission in the Indian Army.
The apex court also observed that exclusion from command postings to women violates Articles 14 of the Constitution of India that provides for equality before the law or equal protection of the laws within the territory of India.
In its verdict on Centre’s appeal against the Delhi High Court direction, SC said the permanent commission will apply to all women officers in the Army in service, irrespective of their years of service. The Supreme Court also directed the Centre to grant permanent commission within three months to all women officers in the Army who opt for it.
The SC added that all terms of appointments of women officers shall be the same as their male counterparts.
Last week, the Centre had told the Supreme Court that women were not suitable for command posts in the Army as male troops were “not yet prepared” to accept women officers. “The composition of rank and file being male, and predominantly drawn from a rural background, with prevailing societal norms, the troops are not yet mentally schooled to accept women officers in command,” the Centre said in an affidavit.
In its verdict, the Supreme Court noted that the arguments presented by the Centre were “contrary to its own policy” of 2019 on extending permanent commission options for women. It observed that the Centre’s arguments for opposing permanent commission roles by citing physiological features perpetuated “gender stereotypes”.
“Women in the Army is an evolutionary process,” Justice DY Chandrachud said.
The Delhi High Court had in 2010 ordered the government to provide them permanent commission but the government has been dragging it’s feet on the issue.
The SC noted that the absolute bar on granting command posting to women officers in the Army is irrational and against equality. It is indefensible to deny command posting, and a blanket ban on command posting for women cannot be sustained in law.
