India / Supreme Court rules in favour of permanent commission to women officers in Army

New Delhi: The Supreme Court on Monday said that Centre was obligated to grant permanent commission to women officers after the judgment of Delhi High Court in 2010. It also said that Centre’s reply on the matter violated principles of equality.

“Centre waited for nine years before coming out with a notification in 2019 allowing permanent commission to women in eight streams. The Centre’s policy decision of 2019 recognises that physiological features has no role in allowing permanent commissions to women officers,” said the court.

“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 violates equality,” it further said adding that the lines of submission are disturbing.

“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,” the bench said.

The defence ministry had challenged a 2010 judgment of the high court which had ruled that short service commissioned women officers in the Army and Air Force should be granted permanent commission.

The court, which is considering the issue of giving command position to women officers in the Army after grant of permanent commission, had recently said the government has to look at the matter “very differently”.

The Centre submitted a written note in the apex court earlier this month, containing the proposal of the government, that pointed out to several issues, including “physical prowess” and “physiological limitations” as challenges for women officers to meet the exigencies of service in the Army.

“…the profession of arms is not only a profession but a way of life which often requires sacrifices, commitment beyond the call of duty by the entire family of service personnel involving separation, frequent transfers affecting education of children and career prospects of spouse. As a consequence, it is a greater challenge for women officers to meet the hazards of service owing to their prolonged absence during pregnancy, motherhood and domestic obligations towards their children and families especially when both husband and wife happen to be service officers”, the Centre’s note stated.

It also added that it is best to keep woman away from direct combat since capture of a woman officer or soldier as a prisoner of war would lead to a situation of extreme mental, physical and psychological stress for the captured individual and the government.

Regarding the appointment of women officers as commanders of units, the Centre had said that it would have its own peculiar dynamics as units are composed entirely of male soldiers drawn predominantly from a rural background. Such units, the note said, are not “mentally schooled to accept women officers in command of units”.

Further, the Centre also submitted that lower physical capacity of women officers will be a challenge for them to command units wherein officers are expected to lead the men from the front and need to be in prime physical condition to undertake combat tasks.

Serving women officers in the Indian Army called the Centre’s stand in the Supreme Court “regressive” and said it is “completely contrary to the demonstrated record and statistics”.

In their written submission to the court, the women officers had said that they have been serving for the last 27 to 28 years and have proven their mettle and courage under fire.

“They have been found suitable by the organization itself and have led platoons and companies of soldiers and men, both in peace locations as also hostile locations/operations, in the 10 Combat Support Arms. There has never been any occasion of soldiers/men having refused or not accepted the command of women on account of their perceived ‘rural background, with prevailing societal norms’,” the written submission stated.

The written submission, taken on record, said that women officers have demonstrated that they do not lack in any manner in the roles that have been assigned to them.