WOMEN CAN NOW JOIN N DA, APEX COURT TOLD
ARMED FORCES ASKED TO DO MORE ON GENDER EQUALITY
Nudged by the Supreme Court, the federal government yesterday informed the top court that it has taken a decision to allow women into the National Defence Academy (NDA).
Additional Solicitor General Aishwarya Bhati, representing the government, told a bench headed by Justice Sanjay Kishan Kaul a decision has been taken at the highest-level that women will be inducted for NDA, and the chiefs of three Armed Forces have also agreed. Bhati said the decision had been taken on Tuesday.
Justice Kaul said the court has been periodically nudging the authorities to do it themselves, and sometimes things only move when the court steps in. “Armed forces are respected forces of this country. But on gender equality they have to do more”, said Justice Kaul.
Path-breaking reform
Bhati said it will be a pathbreaking and generational reform. The bench responded that the court is extremely glad to learn that the Armed Forces themselves took decisions to induct females in the NDA.
However, the court emphasised it is important said it would like the Defence forces to take a “more proactive approach towards gender equality” instead of the court directing them to do so.
The apex court adjourned the matter for two weeks and posted the matter for hearing on September 22. Earlier, in an interim order it had allowed women to take the NDA exam which was scheduled for September 5. Yesterday, the Additional Solicitor General said the exam has been postponed to November 24.
We have been periodically nudging the authorities to do it themselves. We do believe they are best suited to evolve rules. It’s not a happy situation for us. Armed forces are respected forces of this country but on gender equality, they have to do more.”
Justice Sanjay Kishan Kaul | Supreme Court judge
Violation of statute
Bhati urged the apex court that the status quo be maintained with respect to the NDA admissions for the current academic year.
“It’s a policy decision which is based in gender discrimination. We direct the Centre and army to take a constructive view of the matter …,” the Bench had said expressing displeasure on the “regressive mindset”.
The petition seeking directions to allow eligible female candidates to join the NDA at par with the men was filed by advocate Kush Kalra, who stated that denial of opportunity to women candidates to enrol at the NDA is violative of Articles 14, 15, 16, and 19 of the Constitution.
Earlier, the Bench had also issued a notice in an impalement application by a woman candidate Anita, who was denied an opportunity to enrol at the NDA. Anita had said that she had to give up her aspirations to join the Armed Forces.
“The eligible and willing female candidates being denied the opportunity of entry to the National Defence Academy on the basis of their sex and thereby systematically and categorically excluding eligible female candidates the opportunity to train at the premier joint training institute of the Indian Armed Forces which, at a later point of time, becomes a hurdle in the career advancement opportunities for Female Officers in the Armed Forces,” Anita stated in the plea.
The petition was filed in light of the directions issued by the court on the extension of Permanent Commission to Short Service Commissioned women officers of the Indian Army.
‘Half a measure’
“After the passing of the judgement in the matter of Secretary, Ministry of Defence, vs Babita Puniya by this Court, Permanent Commission has been extended to the Women Officers of the Army. However, there is still no mode of entry available to female candidates to join the Armed Forces as Permanent Commission Officers. In the present state of affairs, female candidates have to apply through the appropriate mode of entry into the Armed Forces as a Short Service Commissioned Officer and after serving for a certain period of time, have the option to opt for Permanent Commission,” the petition said.
It added that granting Permanent Commission to the Short Service Commission Women Officers is only half a measure to restore equality of opportunity in the Army.