The Supreme Court on Thursday ruled that the medical fitness requirement for women to get Permanent Commission in the army is “arbitrary” and “irrational” while hearing a petition over non-implementation of its order. It also stated that women officers must be considered for permanent commission (PC) subject to disciplinary and vigilance clearance.
“We allow these petitions with a number of directions. Officers will be considered for permanent commission subject to disciplinary and vigilance clearance,” the bench headed by Justice Dr DY Chandrachud reportedly said.
“This shall continue and they shall avail all benefits,” it further said, disposing off the writ petition.
The Supreme Court ruling comes after a batch of petitions filed by women officers for permanent commission in Indian Army and Navy, seeking a direction that contempt proceedings be initiated against those who had allegedly failed in their duty to comply with SC’s earlier judgement.
“We must recognize here, that the structures of our society have been created by males for males. Therefore, certain structures which may appear to be facially harmless are an indication of insidious patriarchal system. A facially equal application of laws to unequal parties is farce, when law is structured to cater to male standpoint. Superficial face of Equality does not stand true to the principles enshrined in the Constitution”, the Supreme Court ruled in the 137-page judgment.
It also noted with dismay that the decision of the Army to not take into account the qualifications of women Short Service Commission officers beyond their 5th or 10th year of services resulted in the exclusion of “some of the finest women officers who have served the Army”.
“Some of the finest women officers who have served the Indian army have been excluded on the specious ground that these have been achieved after 5/10 years on the ground that the benchmark of lowers credentials of male counterparts were not met”, the Court said.
The apex court had earlier ordered that the permanent commission will apply to all women officers in the Indian Army in service irrespective of their years of service. It had also ordered that after the judgment of the Delhi High Court, Centre should grant permanent commission to women officers.
“The evaluation criteria adopted by Army constitutes systemic discrimination of women… The criteria requiring them to match the lowest merit of the male officer and requirement to be in SHAPE-1 criteria disproportionately affects women,” the Supreme Court bench said.
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