- By Talib Khan
- Tue, 17 Mar 2020 11:49 AM (IST)
- Source:JND
New Delhi | Jagran News Desk: The Supreme Court of Tuesday granted a permanent commission for the women officers in the Indian Navy. While hearing the matter, the top court said that there should be no discrimination on the basis of gender and women officers can also sail with the same efficiency as male officers.
"Women can sail with the same efficiency as male officers and there should be no discrimination", the Supreme Court said as reported by news agency ANI, while cancelling the effect of the policy barring women officers inducted in the Indian Navy before 2008 from being granted permanent commission.
A Supreme Court bench of Justices DY Chandrachud and Ajay Rastogi held that denying permanent commission for the women officers, who have served the nation, would result in a serious miscarriage of justice to the Short Service Commission (SSC) women officers. The apex court also directed the Indian Navy to comply with the orders within three months.
It said there cannot be gender discrimination in granting permanent commission to women officers in the Navy after the statutory bar was lifted by the Centre to allow entry of women. "Once the statutory bar was lifted to allow entry of women officers then male and female officers are to be treated equally in granting a permanent commission," the court said, as reported by PTI.
The court observed that performance at work and dedication are the only answer to stereotypes within the Navy. The bench said injustice cannot be meted out to women officers in Navy and upheld the Delhi High Court judgement. In the mirror image of his judgment granting permanent commission to women officers in non-combat posts, Justice Chandrachud said equality has to be the hallmark of armed forces and women can't be deprived of permanent commission in Navy.
While granting the relief to women officers, the bench noted that "the entry of women in the Army has a chequered history" from 1992, when they were inducted in stipulated branches and cadres for five years.
The judgment follows a verdict by the Supreme Court in favour of permanent commission for women in Indian Army. The apex court in February this year had ruled that the permanent commission will apply to all women officers in the Army in service, irrespective of their years of service.
Initially, under the Army Act of 1950, women were ineligible for employment in the regular army except in such corps, departments or branches which the central government may specify by way of notifications.
Almost 42 years after the Act, the government issued a notification in January 1992 making women eligible for appointment as officers in five branches -- the Army Postal Service, Judge Advocate General's (JAG) department, Army Education Corps (AEC), Army Ordinance Corps (Central Ammunition Depots and Material Management) and Army Service Corps (Food Scientists and Catering Officers).
In December of the same year, women could be employed in five more departments -- Signals, Intelligence, Engineering, Electrical and Mechanical Engineering and Artillery Regiment.
Four years later in December 1996, the five-year cap on enrolment was removed by way of notification and subsequently, in 2005, the tenure of female officers inducted under the Women Special Entry Scheme (WSES) in 1992, 1993 and 1996 was extended by another five years from 1997.
Under the 2005 notification, the tenure of Short Service Commission (SSC) male officers and WSES officers was extended up to 14 years and substantive promotions were to be extended to both male and female SSC officers as applicable to Permanent Commission (PC) officers.
However, the terms of engagement governing appointment under the WSES, or later under the SSC, never provided for the offer of permanent commission to women, even though their service tenures were increased from the initial period of five years to a maximum of 14 years.
In February 2003, a plea was moved in the Delhi High Court for grant of PC to women SSC officers in the Army. Thereafter, in October 2006 a plea was filed for grant of PC to women officers.
In September 2008, the Defence Ministry issued a circular envisaging grant of PC prospectively to SSC women officers in the JAG department and the AEC. This circular was also challenged in the Delhi High Court by some women officers on the ground that it granted PC prospectively and only to certain specified cadres.
The high court, in March 2010, directed the government to offer PC to women officers in the Army who were recruited prior to the policy decision to not offer PC to both men and women SSC officers. The high court's decision was challenged by the central government in the apex court.
(With agencies Inputs)