SC says women can get command positions in Army, directs permanent commission for all women officers

Calling for an end to bias in armed forces, Supreme Court on Monday opened way for women in command positions in Army and directed Centre to grant permanent commission to all women officers within three months.

A bench heed by Justice D Y Chandrachud termed "disturbing" government's argument of physiological limitations and social rms for denying women officers command posts and said y h brought laurels to country in past.

Marking a milestone on ro to parity in Army, apex court bench called for a change of mindset on part of government to put an end to bias in armed forces and said re will be absolute bar on giving women command postings.

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

Slamming Centre, court said despite stay on 2010 Delhi High Court verdict allowing grant of permanent commission to women officers, government showed scant regard in implementing directive in past one dece.

It said engment of women officers in Army has been an evolutionary process and Union of India should have acted in accordance with Delhi High Court judgment when re was stay on it.

"re is reason and justification for Union of India t to act as per Delhi High Court verdict. On September 2, 2011, Supreme Court has clarified this aspect and said re is stay on high court verdict. Despite that, scant regard has been paid to verdict of Delhi High Court and order of Supreme Court as well," bench said.

bench said it is of opinion that physiological features of women have effect in granting permanent commission and y have to be given equal opportunity at par with ir male counterparts in armed forces.

top court said re is need for a change in mindset with regard to giving equal opportunity to women officers in Indian Army even after 70 years of post-colonial era.

It said Centre's submission of physiological limitation is based on flawed tions and re is constitutional basis to deny m equal opportunity. re are 1,653 women officers in Army, 3.89 per cent of total number of officers in Army.

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According to court, women officers brought laurels to country and won several gallantry and Sena medals as well as UN Peacekeeping awards for ir contribution in armed forces. To cast aspersions on m on basis of physiological features is wrong as it is based on fallacy, it said.

top court said permanent commission can be given to women officers in Army irrespective of ir tenure of service. It also d\Rirected Centre to grant permanent commission within three months to all women officers in Army who opt for it.

verdict led to jubilation among women officers waiting outside court for verdict.

Accompanied by her women colleagues, one officer said it will help uplift women across country and t armed forces. Whoever qualifies for job should be given opportunity to command, she said.

" sky is virtually limit," said vocate Meenakshi Lekhi, who appeared for women officers. She said apex court judgment has given women officers same rights as ir male counterparts. Lekhi ded that order gives a long-pending right to women officers.

On February 9, serving women officers in Indian Army countered Centre's stand in apex court on denying command posts to women on ground of ir physiological limitations, terming it t only "regressive but also completely contrary to demonstrated record and statistics".

In ir written submission to court, women officers sought rejection of submission of Centre. y y have been serving in 10 Combat Support Arms, for last 27 to 28 years and have proven ir mettle and cour under fire.

written submission also said women officers have demonstrated that y do t lack in any manner in roles that have been assigned to m.

According to a policy letter dated February 25, 2019, women officers said, permanent commission to women officers was being confined to "staff appointments only" as against "criteria appointments/command appointments".

y contended that such confinement of women officers to staff appointments only has ever been contemplated or tified in any of vertisements or policy decisions since 1992, when women were first inducted into Indian Army.

Centre h submitted a written te in apex court, containing proposal of government. It points out to several issues, including "physical prowess" and "physiological limitations" as challenges for women officers to meet exigencies of service in Army.

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