In a landmark verdict, the Supreme Court has directed the Centre to grant permanent commission to all female officers in the Army within three months, terming the government’s argument of physiological limitations and social norms for denying them command posts as “disturbing”.

A Bench headed by Justice D.Y. Chandrachud said there will not be any absolute bar on giving them command postings.

It said female officers in the past have brought laurels to the country and a change of mindset is required on the part of the government to put an end to gender bias in armed forces.

The Bench was pronouncing its order on a plea by some female officers of the Army seeking extension of permanent commission rules for female officers.

What is the case all about?

The apex court was hearing a plea by the defence ministry for staying the March 12, 2010 judgment of the Delhi High Court, which had ruled that Short Service Commission female officers in the Army and Air Force should be granted permanent commission.

The HC had rejected the government’s contention that permanent commission could be allowed only prospectively. “If male officers can be granted permanent commission, there is no reason why equally capable women officers can’t be,” the HC had said.

The Centre had said female officers above 14 years of service would be permitted to serve up to 20 years without consideration for permanent commission and would be released with pensionary benefits subject to meeting disciplinary and medical criteria.

Permanent commission for women

In his Independence Day speech in 2018, Prime Minister Narendra Modi said the government has decided that female officers in the armed forces will now have the option to take up permanent commission like their male counterparts.

Till September 2019, permanent commission in the Army for women was restricted to the departments of the Army Education Corps and the Judge Advocate General (JAG) department. Then, the central government ordered that permanent commission option would be open to women in other departments based on command assignments.

The other departments are Signals, Engineers, Army Aviation, Army Air Defence, Electronics and Mechanical Engineers, Army Service Corps, Army Ordnance Corps and Intelligence.

This would require the officer to be experienced in commanding field units.

In the Air Force, all branches including fighter pilots are open for female officers.

In the Navy, all non-sea going branches / cadre / specialisation have been opened for induction of female officers through the Short Service Commission. In addition to education, law & naval constructor branch / cadre, female SSC officers have been made eligible for grant of permanent commission in the Naval Armament branch, at par with the male officers.

Before 2016, women made up just 2.5 per cent of India’s armed forces, working mainly in non-combat roles. 

As of January 2019, 3.89 per cent of the Army personnel comprised women, while 6.7 per cent of the Navy and 13.28 per cent of the Air Force personnel were women. 

As of June 2019, women were inducted in all branches of the Air Force, with terms and conditions for female officers being issued from time to time. 

What was the Centre’s argument?

On February 4, the Centre had told the SC that women were not suitable for command posts in the Army as male troops were “not yet prepared” to accept women officers.

“The composition of rank and file being male, and predominantly drawn from rural background, with prevailing societal norms, the troops are not yet mentally schooled to accept women officers in command,” the Centre had said in an affidavit.

It also pointed out several issues including “physical prowess” and “physiological limitations” as challenges for female officers to meet the exigencies of service in the Army.

The Centre also added that it is best to keep women away from direct combat since capture of a female officer or soldier as a prisoner of war would lead to a situation of extreme mental, physical and psychological stress for the captured individual and the government.

What did the female officers say?

On February 9, serving female officers in the Army had countered the Centre’s stand in the apex court on denying command posts to women on the grounds of their physiological limitations, terming it not only “regressive but also completely contrary to the demonstrated record and statistics”.

In their written submission to the court, the female officers had sought rejection of the submission of the Centre and said it is unfortunate that such grounds have been raised, which are completely contrary to the demonstrated records of the case.

The female officers had said they have been serving in the 10 Combat Support Arms for the past 27 to 28 years and have proven their mettle and courage under fire.

The written submission had also said the female officers have demonstrated that they do not lack in any manner in the roles that have been assigned to them.

What did the SC say?

In its verdict, the SC noted that the arguments presented by the Centre were “contrary to its own policy” of 2019 on extending permanent commission options for women. It observed that the Centre’s arguments for opposing permanent commission roles by citing physiological features perpetuated “gender stereotypes”.

The SC also chastised the Centre for not implementing a judgment of the Delhi HC in 2010 that held that female officers, who are under SSC, should be granted permanent commission on par with male counterparts.

The SC said despite there being no stay on the 2010 Delhi HC verdict allowing grant of permanent commission to women officers, the Centre showed scant regard in implementing the directive in the past one decade.

It said engagement of female officers in the Army has been an evolutionary process and the Union of India should have acted in accordance with the Delhi HC judgment when there was no stay on it.

The Bench said it is of the opinion that physiological features of women have no effect in granting permanent commission and they have to be given equal opportunity at par with their male counterparts in the armed forces.

The SC said even after 70 years of post-colonial era, there is a need for change in mindset with regard to giving equal opportunity to women officers in the Army.

It said the Centre’s submission of physiological limitation is based on flawed notion and there is no constitutional basis to deny them equal opportunity.

It said that female officers have brought laurels to the country and several gallantry, Sena medals and UN Peacekeeping awards for their contribution in armed forces and to cast aspersion on them on the basis of physiological features is wrong as based on fallacy.

The bench, however, clarified that deployment of female officers in combat roles is a matter of policy as held by the Delhi HC and the competent authority has to look into it.

The apex court said permanent commission can be given to the female officers in the Army irrespective of their tenure of service.

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