A bench of justices JM Panchal and Gyan Sudha Misra has asked the Union government to produce the notification which bars women from joining the military’s permanent ranks.
The Supreme Court (SC) has given women military officers a shot in the arm. It has raised preliminary objection to the defence ministry’s claim that the Army Act does not allow permanent commission for women.
A bench of justices JM Panchal and Gyan Sudha Misra has asked the Union government to produce the notification which bars women from joining the military’s permanent ranks.
Additional solicitor-general Parag Tripathi said army rules permit permanent commission for women in the legal branch and the education department.
When the bench said section 12 of the Army Act, 1950, is in breach of article 14 of the constitution, Tripathi said the provision is protected by article 33.
The SC was hearing a defence ministry petition challenging the Delhi high court (HC) judgment ordering permanent commission to women serving in the armed forces. The HC had also issued a notice to the defence ministry asking why contempt action should not be initiated against it for ignoring directions.
At present, women officers are restricted to the short service commission (SSC), which entitles them to a maximum service period of 14 years as against a permanent commission officer who is eligible to serve till 60. Over 60 women officers of the armed forces had filed a writ petition in 2007 questioning this gender discrimination.
In response, solicitor-general Gopal Subramanium had said the decision to restrict women officers only to SSC was a policy decision based on various factors.
The HC held: “If male officers can be granted permanent commission status while performing similar tasks, there is no reason why capable women officers cannot be granted the same. It is not charity being sought by women officers, but an enforcement of their own constitutional rights.”
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