A NEW CHANGE FOR WOMEN IN THE ARMY
Category: Constitutional
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INTRODUCTION
This news was recently circulated because one of the appellant filed an appeal for grant of
permanent commission and the Bench of Justices B.R. Gavai and K.V. Viswanathan ,Apex
court directed that appellant case must be taken up for grant of permanent commission
because Army’s criteria on Permanent Commissions indirectly discriminated against woman
because even though Women were granted permission for permanent commission but the
policy was not followed strictly . The appellant was denied for relief so Apex court overturn
the order of Armed Forces Tribunal (AFT)
BACKGROUND
The fight to give women permanent commissions in the Indian Armed Forces has been a
long-running judicial battle, indication of the larger struggle against gender discrimination.
Despite significant improvement in recent years, disadvantage and inequality remain in the
army with respect to the women. The latest Supreme Court decision give the reminder to
break down these barriers and defend the principles of fairness and justice.
KEYPOINTS
Principle of Equality-After going through all the research it has came out that there is still
violation of right to equality in the name gender and Prohibits the women in respect to
discrimination on the basis of gender .
Permanent commission – A type of commission which means a career in army till you
retire but earlier women army were given Short Service Commission.
RECENT DEVELOPMENTS
The search for gender equality in the Indian Armed Forces has been marked by gradual
reforms and legal interventions. In 1992, women officers were first admitted into the Indian
Army under the Women Special Entry Scheme (WSES), initially commissioned for five-year
terms. Subsequent reforms, including the transition to the Short Service Commission (SSC)
scheme in 2006, aimed to provide women officers with enhanced career prospectus. 1
Delhi High Court in the case Lt. Col. Nitisha v. Union of India ;2019 directed Indian Army
to grant permanent commission to all eligible women officers, irrespective of years of service
Supreme Court upheld Delhi High Court’s decision, emphasizing equal opportunities for
women officers in the armed forces in the case Union of India v. Lt. Col. Seema Singh.
On December 4, 2023, the court was informed that deliberations to formulate a policy for the
career progression of women officers to consider their promotion to brigadier from colonel.
The Army was given time till March 31, 2024 to draw this policy. The new policy was then
introduced on March 29, titled " Future Career Progression Policy for Women Officers"
empaneled for promotion as brigadier by selection board - 2 (SB-2). The army implemented
this policy following prodding from the court. 2
CONCLUSION
The latest Supreme Court decision and the ongoing legal evolution concerning permanent
commissions for women in the armed forces gives remarkable steps towards gender equality
and inclusivity. However, the fight to eliminate this discrimination and ensure equal
opportunity for all is an ongoing effort . Therefore we must move forward and the
government and armed services must implement substantial changes, ignore outdated
practices, and develop a culture of diversity and respect among military personnel. Only
through concerted effort and steadfast devotion will we be able to fully realize the ideal of
equality and justice for women in the Indian armed forces.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: ADV AYANTIKA MONDAL
