• Source:JND
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The Delhi High Court on Tuesday observed that if a woman officer can be posted in Siachen, a man can also be employed as a nurse in the Army. The bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was hearing a petition challenging the alleged unconstitutional practice of having only women nurses in military establishments.

The court stated the Supreme Court has permitted women to join the National Defence Academy and again held that there should be no gender bias. The court also said it is an important issue that requires deliberation and listed the petition for further hearing in November.

The Centre, represented by Additional Solicitor General Aishwarya Bhati said the practices in the Army are based on long-standing traditions. She also said the government has just now brought in legislation to grant 33 per cent reservation to women in the Lok Sabha and state assemblies.

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"Yes, in parliament... On one hand, you are talking about empowering women and on the other, you are saying men cannot join as nurses... If a woman (officer) can be posted in Siachen, then a man can work in R&R (Hospital)," the bench said as quoted by news agency PTI.

The petitioner Indian Professional Nurses Association, represented by advocate Amit George, said there are several thousand trained and qualified male nurses in India and their omission from the nursing corps of the Army was unjustifiable and unconstitutional. The PIL has challenged the provisions of the Military Nursing Service Ordinance, 1943 and the Military Nursing Service (India) Rules, 1944 to the extent that they provide only for the appointment of women as nurses.

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The petitioner said such discrimination is contrary to the constitutional scheme and is, therefore, "ex-facie unconstitutional, illegal and arbitrary", as reported by news agency PTI. 

The Indian Army's practice of only having female nurses was deemed "gender discrimination" by the high court in 2018 while granting time to the Centre to make a decision on the issue.