WOMEN OFFICERS CAN COMMAND MEN IN ARMY

SC also grants them permanent commission -- a career in Army till they retire

The Supreme Court on Monday upheld the Delhi High Court's order and gave three months’ time to the Modi government to grant permanent commission to all women officers in the Indian Army with retrospective effect, except in combat roles. (Permanent commission means a career in the Army till one retires.)

Calling for an end to gender bias in the armed forces, the court also cleared the decks for women in command positions. A bench headed by Justice D Y Chandrachud termed as "disturbing" the government's argument of physiological limitations and social norms for denying women command posts.

The ruling came on Centre's appeal against the March 2010 verdict of the High Court which had directed that permanent commission be given to women officers on Short Service Commission (Short service commission is for 10 year which can be extended by further 4 years. So, it makes a total of 14 years.)

The Centre's submission that women are physiologically weak is based on a deeply entrenched stereotype that men are dominant and women are primarily caretakers. Taking care of family is a woman's job. ‘‘This is deeply disturbing,” said the court.

The court further said the government's absolute bar on women being given command posts violates Article 14. It pointed out how the Centre had dithered for nine years before a notification was issued in 2019 allowing permanent commission to women in eight streams.

The granting of permanent commission in ten streams is a recognition of the constitutional mandate, the apex court ruled.

Women have served in UN peacekeeping operations, fought Taliban terrorists in Afghanistan and been deployed in Syria, Lebanon, Ethiopia and Israel: these were some of the achievements of women officers which caught the attention of the Supreme Court for giving them parity with their male counterparts.

The apex court also cited the examples of Lieutenant Bhavana Kasturi and Captain Tanya Shergill, who led separate all-men contingents, and Major Madhumita (Army Education Corps) who became the first woman officer in the country to receive the Gallantry Award (Sena Medal) for fighting Taliban terrorists in Afghanistan.

It also referred to the women officers who are convoy commanders in Leh and Udhamnagar.

The court further said that the policy to deny permanent commission to Short Service Commission women officers on the grounds that they have crossed 14 years of service will be a travesty of justice. It should apply equally to all who are currently in service, even if they have crossed 14 years of service, it held.

"The sky is virtually the limit," said advocate Meenakshi Lekhi, who appeared for the women officers. She said the apex court judgment has given women the same rights as their male counterparts.