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Supreme Court busts gender stereotypes, orders permanent commission for women officers
The Supreme Court on Monday directed the Central government to grant permanent commission to all women officers in the Indian Army on a par with male officers.
New Delhi: The Supreme Court on Monday directed the Central government to grant permanent commission to all women officers in the Indian Army on a par with male officers.
Pulling up the Centre for the lack of respect shown to women officers in the Army, it said its order must be complied with within three months.
It also rejected the Centre's views on physiological features of women and social norms for denying women permanent commission and said such arguments are against the concept of equality.
An apex court bench headed by Justice DY Chandrachud said, "to cast aspersions on ability of women and their role and achievements in Army is an insult not only to women but also to Indian Army."
"Despite policy decision, the Centre submitted a note to the Supreme Court which perpetuates sex stereotypes. Arguments by the Centre founded on physical strength of men and women and grounds of motherhood, family etc violate equality," said the top court.
The bench held that all terms of appointments of women officers in the Army shall henceforth be same as their male counterparts. It added that women officers shall be entitled to all consequential benefits as per the order. These will also include those who have retired.
The bench condemned the Centre for waiting for nine years before coming out with the notification granting women permanent commission in limited streams.
A 2010 Delhi High Court judgement had ordered permanent commission for those who worked in the Short Service Commission of Women Officers (SSCWOs), on a par with male officers with full consequential benefit in the Army and Air Force.
The defence ministry had filed an appeal challenging the High Court order.
In compliance with the Delhi High Court's judgment, the Centre had issued a notification in February 2019 granting permanent commission to SSCWOs in eight streams, including Army Aviation, Army Service Corps, Army Ordnance Corps and Intelligence, among others.
The serving women officer in a written submission had said that the government notification was prospective in nature, leaving women officers who have served for over 14 years out of this new commissioning and benefits despite having proved their mantel and demonstrating time and again that they do not lack in roles assigned to them.
