News Analysis India

Tag: Women Army Officers

  • 87 women officers out of 615 granted Permanent Commission: Centre, Army to Supreme Court

    By PTI

    NEW DELHI: The Centre and Army authorities on Monday told the Supreme Court that after its last year’s verdict, 487 Women Short Service Commission Officers (WSSCOs) have been granted Permanent Commission out of the 615 who were considered for it.

    The top court which recorded its appreciation for all the concerned authorities including Chief of Army Staff for acting fair and objective manner to resolve the issue directed that 12 WSSCOs, who have been released from service during the pendency of proceedings, shall be deemed to continue in service and be granted the Permanent Commission (PC).

    A bench of Justices DY Chandrachud and AS Bopanna was all praise for the Army authorities for their earnest efforts and acting in a fair and objective manner and said that this is heralding a new era in the Armed forces.

    “Army authorities have been very-very fair in these proceedings. There has been a complete change in mindset. We have been reading recent statements of the Chief of Naval staff about the women officers, who are being trained and being posted on warships. This is heralding a new era in the Armed forces,” it said.

    During the hearing, Additional Solicitor General Sanjay Jain and senior advocate R Balasubramanian, appearing for Centre and the Army authorities, said that there is an earnest desire that the entire dispute concerning those WSSCOs, who were not granted permanent commission may be resolved finally.

    Jain gave the break-up which was recorded by the court in its order that WSSCOs who were eligible for consideration for the grant of PC post-February 17, 2020 verdict was 615 out of which 86 officers did not opt for it bringing the total for consideration to 529.

    “Out of 529 WSSCOs 487 have been granted PC,” Jain said, adding that out of the remaining 42 officers 21 were found to be medically unfit and have been released.

    He said that out of the remaining 21 officers, one officer has opted out, and in the case of five others–three cases are under disciplinary and vigilance inquiry and one case has been referred to a special board because of redressal of the grievances and medical documents of one officer are under scrutiny.

    “Of the remaining cases, 15 WSSCOs were considered for the grant of PC of which 14 have qualified for the grant of PC. Of these 14 WSSCOs, 12 have been formally released during the pendency of the proceedings while two WSSCOs are yet to be released. Since their release date is March 1, 2022,” the bench recorded.

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    It said, “Before proceedings to issue directions in terms of the statement made on behalf of the UOI and the Army authorities, the court wishes to record its appreciation of the fair and objective manner in which all concerned authorities have responded to the earnest effort to resolve the pending issues.”

    The bench said that ASG Sanjay Jain has stated that he has taken instructions, at the highest level. “This court wishes to record its appreciation of the fair position which has been adopted by the Chief of Army Staff. This court also expresses its appreciation of the sincere efforts put by the ASG and senior advocate R Balasubramanian in bringing the fair resolution of the pending issues so as to obviate the officers, who have been granted PC be required to pursue any further litigation,” the bench said.

    It directed that in the case of 12 officers, who were released from service during the pendency of proceedings shall be deemed to have continued without any break, as to the grant of Permanent Commission and two officers who are yet to be released should also be granted the PC.

    “In the event, any of the above WSSCOs who have been granted PC and instituted proceedings before the AFT, those proceedings shall stand disposed of in terms of the order,” the bench directed.

    On November 22, the top court had asked the Army to have a relook into the case of WSSCOs, who were denied PC as they failed to get threshold 60 per cent marks after being assessed based on the Unit Assessment Card (UAC) system which prevailed in the Army from 1999 to 2005.

    On November 12, the top court had threatened the Army with contempt action against it and its Chief Manoj Mukund Naravane over non-compliance with its earlier orders after which the defence force had agreed to grant PC to all of its eligible women officers.

    With the direction of the top court, 68 out of the total 71 WSSCOs who were earlier denied PC were granted the permanent commission. Initially, 72 officers were denied the PC but later one officer had opted to quit.

    Three officers have been found medically unfit. The women officers had alleged that the top court’s March 25 ruling was not considered by the Army and all 72 of them were rejected from consideration for the PC at one go.

    In its March 25 verdict, the Army was directed by the top court to consider granting PC to the WSSCOs subject to their obtaining 60 per cent marks in the assessment subjects, being found fit on medical criteria as per the August 1, 2020 order of the Army and having received disciplinary and vigilance clearances.

    On February 17 last year, in a landmark verdict, the top court had directed that women officers in the Army be granted a permanent commission, rejecting the Centre’s stand of their physiological limitations as being based on “sex stereotypes” and “gender discrimination against women”.

  • Indian Army agrees to grant permanent commission to eligible women officers after SC warning

    By IANS

    NEW DELHI: After warning from the Supreme Court, the Army on Friday agreed to grant permanent commission (PC) to 11 women officers within 10 days, in accordance with its judgment, and also those women officers, who haven’t moved before the top court but meet the criteria.

    A bench comprising Justices DY Chandrachud and AS Bopanna, noted in the order, “The 11 women officers will be granted PC within a period of 10 days. The ASG (additional solicitor general) states that officers, who are not before the Supreme Court in contempt proceedings, but meet the criteria will be granted PC within the period of three weeks.”

    Earlier during the day, the bench had told the Army that it will hold it guilty of contempt for not granting PC to women officers, in accordance with its order. The Army’s counsel had said the decision regarding the remaining women officers will be taken speedily and sought some time to take instructions in the matter.

    As the bench started dictating the order in the matter, the counsel representing the Army told the court that it was ready to grant PC to 11 officers who had moved the top court. The bench noted that the Army may be supreme in its authority, but the constitutional court is also supreme.

    The bench said, “We have given you a long rope…. The remarks we had made in the judgement allowing you to file an affidavit on the consideration taken was to ensure that you say what you are doing.”

    In the post lunch hearing, the bench noted that it has been clarified that those officers, who do not have disciplinary and vigilance proceedings, will also be eligible for grant of PC in accordance with its judgment. It further added that two Lt. Colonel Akansha Shrivastava and Himalini Pant would also be duly considered for PC, as per the criteria laid down, within one month.

    ASG Sanjay Jain and senior advocate colonel R. Balasubramanian, appeared for the Centre and Ministry of Defence in the matter. They submitted before the top court that the Army is also keen for this matter to achieve finality.

    The bench noted that out of 72 officers, one had applied for premature release, 39 have been granted PC and a letter has been issued on October 29, 2021 in compliance with its verdict.

    A total of 36 officers were not considered for PC. After a review, 21 out of the 36 officers were granted PC and the case of one is under consideration. And, out of the remaining 14 officers, three are considered medically unfit.

    In March this year, the top court, in a judgment, had invalidated certain terms in the evaluation criteria adopted by the Indian Army for grant of PC to women officers as “arbitrary and irrational”.

    The top court had held that the evaluation criteria perpetuated gender stereotypes based on patriarchal notions and amounted to “systemic discrimination”. The top court verdict came on a batch of petitions filed by women officers challenging the rejection of their applications seeking PC in the Indian Army.

  • SC allows women to appear in NDA examination, asks UPSC to issue notification

    By PTI

    NEW DELHI: In a major step towards gender equality, the Supreme Court on Wednesday allowed eligible women to take the examination for admission to National Defence Academy (NDA) scheduled to be held on September 5.

    The top court, however, said that the women candidates can take the examination subject to further orders of the court.

    A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order on a plea filed by one Kush Kalra, which has sought a direction to the authorities concerned to allow eligible female candidates to appear in the “National Defence Academy and Naval Academy Examination’ and train at the NDA.”

    “In view of the impending examination and on hearing counsel for parties, we consider it appropriate to issue an interim direction permitting the women candidates to take part in the examination scheduled for September 5, 2021, subject to further orders from this Court,” the bench said.

    The bench also directed the Union Public Service Commission (UPSC) to take out an appropriate notification in view of its order and give due publicity to it.

    “UPSC is directed to take out the necessary corrigendum in view of the interim orders we have passed today and give it wide publicity so that the intent of the order is translated into benefit at the ground level,” the bench said, while directing that the copy of its order be forthwith transmitted to the UPSC.

    It listed the matter for further hearing on September 8, 2021.

    During the hearing, senior advocate Chinmoy Pradip Sharma, appearing for Kalra, said they have received the Centre’s counter affidavit on Tuesday in which the government has stated that it is purely a policy decision and court should not interfere with it.

    The bench told Additional Solicitor General Aishwarya Bhati that why is the government continuing in this direction after the verdicts of this court related to extending permanent commission in the Army and Navy to women.

    “This is unfounded now. We are finding it absurd. Will the Army act on after the judicial orders are passed? We will then pass an order, if that is what you want. I have this impression right from the High Court that till an order is passed, the Army does not believe in doing anything voluntarily,” the bench said.

    Bhati said the Army has conferred Permanent Commission (PC) to many women.

    The bench said, “You had kept on opposing it (PC) till the orders were passed by this court. You did not do anything of your own. The Navy and Air Force were more forthcoming while the Army seems to have some kind of bias.”

    The top court said that it would have expected a more considered affidavit on the “policy decision based on gender equality” more specifically keeping in mind the observations of this Court in PC case.

    Bhati said that in this case there are several modes of entry into the Army like NDA, Indian Military Academy (IMA) and Officers Training Academy (OTA) and women can enter into the force through OTA.

    She said, “NDA and IMA are modes of direct entry through UPSC. Whereas through OTA, women are commissioned along with men, both through UPSC and non-UPSC mode of entry. They are granted Short Service Commission, both men and women, and subsequently are considered for grant of Permanent Commission”.

    The bench said, “Why is it not through NDA. Is co-education a problem?” The ASG said that this is a policy decision that women are not allowed in NDA.

    The top court told the law officer that this policy decision is based on gender discrimination.

    Bhati said that she herself had argued the PC matter and appeared for women Short Service Commission officers, who were seeking grant of the PC to which the bench said its endeavour is to persuade the Army to do things by itself rather than on the basis of judicial orders.

    “We tried but there was no success in the Permanent Commission matter either in the High Court or even in the Supreme Court till Justice DY Chandrachud passed the order,” the bench said, adding that “it is not a case of just gender principle but it is a case of discrimination”.

    It said that now women officers are admitted even in combat roles to which the ASG said that in the Army women are granted permanent commission only in 10 streams while in the Air Force they are admitted as fighter pilots.

    The bench said that the mindset is to change which is not changing at all and pointed out that “The Air Force and Navy have acted in a more liberal way. However, in the Army, you kept giving them a five-five year job and never gave permanent commission till the verdict of the Supreme Court”.

    “If you are introducing women in the Army then why do you create a bar in NDA,” the bench said, adding that the government should not compel judicial intervention all the time.

    It said, “We, as an institution, must confess that we may not know all the intricacies of the structure of the Army but the broader principle of gender neutrality that you must understand and adapt to in the backdrop of your peculiarities. Court passing blanket orders does not advance the actual cause”.

    With regard to admission of girls in Sainik Schools, the Centre in its affidavit said that the process of admitting girls has already started and it will be further expanded.

    The bench noted that as far as Rashtriya Indian Military College (RIMC) is concerned, it is stated that it is a 99-years-old institution which will complete 100-years next year.

    “The question is whether it completes its 100 years with gender neutrality or not!”, the bench observed.

  • Structures of society created by males, for males; adjustments are necessary: SC

    The court said this in a verdict in which it said that evaluation criteria set by the Army for granting permanent commission (PC) to women SSC officers constituted #39;systemic discrimination #39;.