Gender Equality in the Armed Forces

Kandeep Shravan | SASTRA Deemed to be University | 22nd June 2020

Secretary, Ministry of Defence V. Babita Puniya

Facts:

Recruitment of “females” into the Army except in selected streams is prohibited as per Section 12 of the Army Act. In 1992, the Union Government published notifications permitting women to join certain cadres/departments of the army however, all of them were non-combat roles. Eventually, this term was initially extended to 10 years and afterwards to 14 years. However, after the completion of 14 years, along with promotional opportunities, the Female Army Officers were not given an option to exercise Permanent Commission (PC). A writ petition was filed by the Petitioner in the nature of a Public Interest Litigation for the grant of PCs to women in 2003 before the Delhi High Court. In 2006, Another writ petition was filed by one of the petitioners challenging the terms and conditions of service imposed by the circulars earlier that year for seeking the grant of PCs for women officers. The Petitioners have approached the Supreme Court on the non-compliance of High Court. 

Issues:

1. Whether the guideline by the government in early 2019 should be implemented?
2. Whether women should be granted Permanent Commission in the Indian Army?
3. What are the conditions governing the Women Officers in Army?

Decision of the Court:

The argument placed by the Central Government justifying the restrictions for employment of women in the Army was criticized by the Supreme Court because of the unusual “operational compulsions” or “inherent risks”. The SC also rejected the notion that woman is the “weaker” or “inferior” sex and found it to be baseless.  The Policy decision allowed PCs to Short Service Commission (SSC) women officers in all the ten streams where women have been granted SSC in the Indian Army is accepted subject to certain conditions:

1. All serving women officers on SSC shall be considered for the grant of PCs irrespective of any of them having crossed fourteen years or twenty years of service.
2. All women presently in service as SSC officers shall be granted this preference. 
3. The choice for specialization shall be available to women officers on the same terms as the male SSC officers at the stage of opting for the grant of PC. Women SSC officers can also exercise their options for being considered for the grant of PCs on the same terms as their male counterparts.            

Consequential benefits including promotion and financial benefits shall be entitled to SCC women officers who are granted PC in pursuance of the above directions.