‘Can’t mandate perverse equality’: SC on plea over commission for women

NEW DELHI: The Supreme Court questioned the Army for denying permanent commission to women short service commission officers by requiring them to have same medical standards at the age of 45 years as their male counterparts, who became entitled at a younger age.

Calling for a “change in mindsets”, the top court had last year directed that women officers of the Indian Army, serving under SSC, be considered for grant of Permanent Commission, irrespective of tenure of service, and also for command posts in non-combat areas since “an absolute bar on women seeking criteria or command appointments would not comport with the guarantee of equality under Article 14”.

Referring to a petition filed by nearly 60 women officers, a bench of Justices DY Chandrachud and MR Shah said: “You cannot mandate perverse equality by asking women officers at the age of 45 years to fulfil conditions that applied to male officers at the age of 25 years.”

The medical fitness team of the Army tested close to 615 women SSC officers entitled for permanent commission, following the apex court judgment, on five counts: psychiatry, height, appendage (bone structure), physical and eye and ear.

Senior advocate Meenakshi Arora, who appeared for the petitioners, said some women were eliminated on the basis of their poor ACR. For permanent commission, this report is assessed between the 5th to 10th year of service.