SC allows women to appear in NDA exam
NEW DELHI: Breaking the glass ceiling that endured for 65 years, the Supreme Court on Wednesday ordered that women can also sit for the upcoming National Defence Academy (NDA) examination and held that the policy that restricts their entry into the elite institution is based on “gender discrimination”. It also came down hard on what it termed the army’s mindset in providing equal opportunities to women.
A bench of justices Sanjay Kishan Kaul and Hrishikesh Roy threw open the doors of the joint defence service training institute of the Indian armed forces to women cadets, directing the Union Public Services Commission (UPSC) to give wide publicity to the new advertisement on admissions so that intent of the order is translated into effect and more women apply.
In its interim order, the bench said women candidates will be permitted to sit for exam scheduled for September 5 (now rescheduled for November 14) and added that their admission will be subject to the final orders of the court. The court will hear the matter next on September 8.
The court’s ruling comes days before the service chiefs of the army, navy and the air force are set to visit the NDA in Pune to review facilities and arrangements for women cadets. The visit was planned earlier this month, a senior army officer said on the condition of anonymity.
Rejecting an argument by the Union government that the restriction against women from training at the Pune-based NDA was a policy decision, the court recorded in its order: “This is a policy decision based on gender discrimination. We expect the army and the government to take a more constructive view of the matter...”
Hearing a petition filed by lawyer Kush Kalra for equal opportunity for women at
NDA and the Indian Naval Academy , the bench expressed its disgruntlement over the “mindset” of the Indian Army when it comes to equal service opportunities for men and women in the country’s armed forces.
“We keep passing orders after orders but the army will not change its mindset. I am finding it absurd now. It is like the army will act only when judicial orders are passed. Air force and navy are far more liberal but army does not believe in taking voluntary decision till the courts pass orders... There is a relevant bias in the army not to implement even the orders,” justice Kaul told additional solicitor general Aishwarya Bhati, who appeared for the Centre and the department of defence.
Bhati, on her part, argued that some amount of leeway will have to be given to the defence ministry in framing its policies regarding training institutes and other branches.