SC raps govt mindset, lets women take NDA’s exam

Gender equality gets a further boost in Army

In another step towards gender equality in the military, the Supreme Court on Wednesday allowed women to appear in the National Defence Academy (NDA) examinations due on September 5 and directed the Union Public Service Commission to issue the required notification and give it wide publicity.

On being told that it was a policy decision of the government that women are not allowed in the NDA, a bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy said the policy decision was based on gender discrimination, which cannot be allowed.

Passing the interim order, the court said, however, that the result of the NDA exam would be subject to the final adjudication of the matter.

The interim order came on a petition by one Kush Kalra, who has also sought a direction to allow eligible female candidates in the naval academic exam as well.

During the hearing, senior advocate Chinmoy Pradip Sharma, appearing for Ms Kalra, said they had got the Centre’s counter-affidavit on Tuesday in which the government has said it was purely a policy decision and the court should not interfere with it.

The bench asked additional solicitor-general Aishwarya Bhati why was the government continuing in this manner after the verdicts of the court extending permanent commission in the Army and Navy to women.

“This is unfounded now. We are finding it absurd. Will the Army act after the judicial orders are passed? We will then pass an order, if that is what you want...,” the judges said.

When Ms Bhati contended that the Army had conferred permanent commission to many women, Justice Kaul said: “You kept on opposing it (PC) till the orders were passed by this court. You did not do anything of your own. The Navy and Air Force were more forthcoming while the Army seems to have some kind of bias.”

Ms Bhati said in this case there are several modes of entry into the Army like the NDA, IMA and the Officers Training Academy (OTA) and women can enter the force through OTA and IMA. The judge asked: “Why is it not through the NDA. Is coeducation a problem?”

It said its endeavour was to persuade the Army to do things by itself rather than on the basis of judicial orders.