Court orders equal treatment for women in armed forces

In a jolt to the well-entrenched gender prejudice in the defence establishment, the Delhi high court on Friday directed the Union government to grant permanent commissions to women.

Currently, women are inducted into the army as officers under the short service commission (SSC) for a maximum period of 14 years. Their male counterparts, on the other hand, are eligible for permanent commissions after five years.

The existing arrangement also means that women officers are not eligible for pension and other financial benefits.

The court’s verdict came on a petition from women officers who had charged the government with discrimination vis-a-vis their male counterparts. A group of about 20 women officers had moved court last year seeking its intervention to revise the service rules and allow them parity with their male counterparts.

The division bench of justices SK Kaul and MP Garg ordered the reinstatement of all short service commission to women officers who had retired and approached the court seeking permanent commissions in the forces.

“If male officers can be granted permanent commissions while performing similar tasks there is no reason why capable women officers cannot be granted the same. It is not a charity being sought by women officers but enforcement of their own constitutional rights,” the court observed. Though military sources insist they will wait to see the full text of the court verdict before deciding on the next course of action, there are indications that the government may not rush into an appeal against the order.    

In fact, it is highly likely that the government will accept the court order and implement it across all three services, one source hinted.

While slamming the gender bias in the defence establishment, the court, in its 32-page order, quoted American columnist Will Henry: “Nature gave women too much power, the law gives them too little.”

Laying the ground for a favourable judgment for women pleading for similar rights in the armed forces in several pending cases, justice Kaul said, “Once a decision is taken on a policy initiative that there are areas where women can be employed… there cannot be discrimination on ground of gender in terms of opportunities.”

Women officers of the armed forces have hailed the court’s verdict as a landmark judgment. “This will definitely change things in the time to come. This will go a long way in changing things and the outlook of women in the army,’’ wing commander Pushpanjali said.

Wing commander Rekha Aggrawal, who served in the IAF from 1995 to 2009, said: “I am very glad now. I will again join office. I want to serve my nation.”

A senior army general said the order means the military will have to rework its promotional policies, which would be a cumbersome task.