Supreme Court: Women be given permanent commission in army, tells centre to ‘Change Mindset’

The Supreme
Court on Monday ruled that women officers in the army be given permanent
commission, adding the government must change its mindset to end gender bias in
armed forces.

The top
court was hearing the Centre’s plea challenging the Delhi High Court’s
directions passed in 2010 to grant permanent commission to women officers in
Indian Army.

A bench
headed by Justice D Y Chandrachud rejected the Centre’s argument of
physiological limitations and social norms for denying them permanent
commission and command postings, saying it is disturbing and against the
concept of equality.

The court
also directed the Centre grant permanent commission within 3 months to all
women army officers who opt for it.

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

“There
is no reason and justification for the union of India not to act as per the
Delhi High Court verdict. On September 2, 2011, the Supreme Court has clarified
this aspect and said there is no stay on the high court verdict. Despite that
scant regard has been paid to the verdict of Delhi High Court and the order of
Supreme Court as well,” the bench said.

The bench
said it is of the opinion that physiological features of women has 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 top
court 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 Indian
Army.

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

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