Process Of Giving Permanent Commission To Women Officers In Army Is Discriminatory: Supreme Court

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Friyana Munshi

New Delhi, March 25, 2021: The Supreme Court has termed the process of giving permanent commission to women officers in the army as discriminatory. The court on Thursday heard the Army’s annual confidential report (ACR) assessment process as flawed and discriminatory during the hearing of petitions seeking the award of permanent commission to the army of women short service commission (SSC) officers. The court said that the ACR ignores the achievements made by the women officers for the Indian Army.

At the hearing, the Supreme Court said that the Army’s standards regarding this are absurd and arbitrary. Not only this, while hearing the application of 650 short service commission women officers, the Supreme Court also made a strong comment about Indian society. The court said that the structure of India’s society is such that it is made by men and for men. The court ruled that there could be no judicial review of the standards adopted by the army. The court said that when a woman chooses a career in the army, she passes rigorous examinations. When it comes to the responsibility of managing a child and the responsibility of domestic work, it becomes more difficult for women.

The court said in its 137-page judgment, “We have to accept here that our society has a structure, which is designed by men and for men. There are even some things that never seem harmless, but there are fraudulent signs of the patriarchal system.”

The Supreme Court has directed the Army to consider giving permanent commission for women officers within a month and following the prescribed procedure, they should be given permanent commission within 2 months. The Supreme Court said that this will continue in the army and they will receive the advantage of all the benefits.

The Supreme Court termed the medical fitness criteria for women officers for the Permanent Commission arbitrary and irrational. The Supreme Court stated that the evaluation criteria adopted by the military lead to discrimination against women. The Supreme Court, while hearing the case related to the permanent commission to women officers in the Indian Army, has made sharp remarks.

Supreme Court Judge DY Chandrachud said that the sealing of 250 has not been passed till 2010. He said, “The data that has been put on record completely demolishes the benchmarking of the case.”

On 17 February, the Supreme Court, in an important decision, rejected the Centre’s plea and asked to give permanent commission to all the women officers who want to opt for this option. The Center cited physical capabilities and social norms in its plea for not giving women a command post. The court had said that the mindset about women should be changed. Women work shoulder to shoulder with men.