Top court asks Coast Guard to reinduct woman officer

Cites orders on permanent commission: Have to be flag-bearers, march with nation

OBSERVING THAT the judiciary has to be the “flag bearer” and march with the nation, the Supreme Court Monday pulled up the Indian Coast Guard (ICG) over the treatment meted out to a woman, who was discharged as a short service commission officer in 2021, and ordered the maritime force to re-induct her.

Coming down hard on ICG for resisting grant of permanent commission to women officers, a bench headed by cjidy chandra chud referred to top court’ s verdict son grant of permanent commission to women officers in the Army, air force and navy and said that the discrimination has to end.

“We have to be the flag-bearers and march with the nation. Earlier women could not join the bar, be fighter pilots,” said the bench, which also comprised justice sJ B Pardiwala and Manoj Misra, adding that resistance to the move to attain gender equality has to go. “Is this the way you people treat your women officers?” the bench said while ordering the ICG to take back Priyanka Tyagi into the force.

The bench directed the ICG to re-induct Tyagi to the post which she occupied on the date of discharge from the service in 2021.

“Till further orders, the petitioner shall be assigned a significant posting commensurate with her qualifications...,” it ordered. The SC also transferred to itself the pending plea of Tyagi from the Delhi High Court. Tyagi has sought permanent commission to eligible women short service commission officers of the ICG.

The bench did not agree with Attorney General R Venkataramani’s contention that comparing ICG to the Army, Navy and the Air Force was misconceived.

“We have already given our judgments in matters related to the Permanent Commission in the Army, Navy and the Air Force. The Indian Coast Guard unfortunately continues to remain an outlier... Look at the resistance for a woman joining the Coast Guard,” the CJI observed.

The Attorney General said he was not opposed to gender equality and was only referring to the facts of the case. the cji noted earlier it was said that women are “not good enough to join the navy because there were no toilets for women in the Navy, but now they’ve joined the Navy...”

The ICG had, however, told the bench the present recruitment rules related to short service commission officers specifically provide they cannot seek permanent commission. The bench had asked the Centre to ensure they are granted permanent commission in ICG.