The Supreme Court, while hearing a plea that challenged the policy of Centre of not permitting female candidates to appear for National Defence Academy (NDA) exam, passed an interim order and allowed female candidates to appear for the said exam scheduled on September 5, 2021.
The said petition had been filed in the month of February in order to challenge the policy of Centre which did permit women to appear for Naval Academy Examination and to train at NDA. The Union filed a counter-affidavit wherein it stated that a policy decision like this should be interfered by the Court.
The Union also defended its policy by stating that restriction of entry in NDA did not result in any difficulty in their career or progression. The counsel clarified that out of three modes of entry in the Indian Army, Indian Military Army (IMA) and Officers’ Training Academy (OTA) have been open for female candidates.
The bench then inquired as to why the source of entry through NDA had been prohibited for female candidates as it stands discriminatory to the principles.
The bench condemned the behavior of Army and inquired the reason by continuing this policy even after Justice Chandrachud’s landmark verdict which expanded the horizons and extended the benefit of Permanent Commission in Army to women as well.
The bench made remarks on the behavior of Army and appreciated the forthcoming behavior of Navy and Airforce. It further asked the problem behind co-education and implementation of unbiased policy. It directed the Respondents to take a constructive view of the issue which had been raised in the Permanent Commission matter.
The bench remarked that the Army could’ve taken certain decisions, which towards the end, the judiciary had to take.
The bench observed that Army as an institution stands at a better position to understand the intricate technicalities, however, gender neutrality is a broader principle which ought to be adapted by all institutions.
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