"It Is Victory Of Our Nation That Women Aspire To Achieve Highest Pedestal:" Justice D. Y. Chandrachud On 70% Women Officers Getting Permanent Commission In Army

"It is the victory of our nation that women aspire to achieve the highest pedestal", remarked Justice D. Y. Chandrachud on Monday.In a significant judgment on gender equality delivered on February 17, a bench headed by Justice Chandrachud had directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant Short Service Commission to women.The remark came when Senior Advocate R. Balasubramanian, having represented the Union of India in the aforesaid matter, informed the bench of Justices Chandrachud, Indu Malhotra and Indira Banerjee that 70% of the women officers have received Permanent Commission pursuant to the court's judgment."Yes! I believe some 450 officers got it!", said Justice Chandrachud."1/7th of the officers did not opt for it though", said Mr. Balasubramanian."That may be because many of them qualify for pension...but that is the choice of the women officers whether they want it or not...the fact that 70% of them got it shows that they are dedicated servants, fit at this age also, as against the contention that was raised!", observed the judge."Yes, it is path-breaking!", said Mr. Balasubramanian."It is a victory for our nation. That women aspire to achieve the highest pedestal! It is a great feeling even for us as judges! This is what makes our life complete!", said Justice Chandrachud.Reportedly, Almost 70% of women officers who were considered for permanent commission in the army by a special selection board have been selected to serve a full term in the army.Of the 615 women considered for permanent commission, 422 have been found to be fit for the role by the board. The results of the special board were declassified on Thursday.In the judgment, the Court had also held that absolute exclusion of women from command assignments is against Article 14 of the Constitution and unjustified. Therefore, the policy that women will be given only "staff appointments" was held to be unenforceable by the Court."An absolute bar on women seeking criteria or command appointments would not comport with the guarantee of equality under Article 14. Implicit in the guarantee of equality is that where the action of the State does differentiate between two classes of persons, it does not differentiate them in an unreasonable or irrational manner. An absolute prohibition of women SSC officers to obtain anything but staff appointments evidently does not fulfill the purpose of granting PCs as a means of career advancement in the Army", the Court held.It was held that the blanket non- consideration of women for criteria or command appointments absent an individuated justification by the Army cannot be sustained in law. "It is an insult to women as well as the army when aspersions are cast on women, their ability and their achievements in the army", the Court observed.Dismissing the appeals filed by the Central Government, the SC upheld the 2010 judgment of Delhi High Court which held that Short Service Commissioned women officers of the Air Force and the Army, who had applied for Permanent Commission but were only given extension of SSC, are entitled to PC at par with male Short Service Commissioned officers with all consequential benefits.At the same time, the Court said that it was not interfering with the policy of the Government to exclude combat roles to women. "Courts are indeed conscious of the limitations which issues of national security and policy impose on the judicial evolution of doctrine in matters relating to the Armed forces. For this reason, we have noticed that the engagement of women in the Combat Arms has been specifically held to be a matter of policy by the judgment of the Delhi High Court and which is not in question in the present appeals", the bench observed. This is in the case Secretary, Ministry of Defence vs Babita Puniya and others, in which a SC bench comprising Justices D Y Chandrachud and Ajay Rastogi had reserved orders on February 5.Reading out the judgment, Justice D Y Chandrachud slammed the arguments made by the Centre in their written notes which had cited the physiological features and domestic obligations of women as reasons for denying them command appointments.The bench observed that these arguments perpetuate "gender stereotypes".The Court added that change of mindset is required on part of government to put to end gender discrimination in armed force.The SC also criticized the 2019 policy formulated by the Ministry of Defence, whereby permanent commission was allowed in certain fields to certain classes of women based on their years of service. This policy had excluded women officers who had put in more than 14 years of service.On this, the Court observed :"Denying permanent commission to women on ground that they have over 14 years service is a travesty of Justice. The policy must apply equally to all women officers, regardless of years of...

"It Is Victory Of Our Nation That Women Aspire To Achieve Highest Pedestal:" Justice D. Y. Chandrachud On 70% Women Officers Getting Permanent Commission In Army

Mehal Jain

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Mehal Jain

"It Is Victory Of Our Nation That Women Aspire To Achieve Highest Pedestal:" Justice D. Y. Chandrachud On 70% Women Officers Getting Permanent Commission In Army

Mehal Jain

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Mehal Jain

This is a premium content
Available exclusively to
Our subscribers