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Court takes a shot at army’s gender bias

The apex court felt that the attitude of the armed forces was in direct conflict with article 14 of the Constitution. It was hearing a defence ministry petition challenging the high court order which directed the armed forces to give equal rights to women.

Court takes a shot at army’s gender bias

The Supreme Court has exposed the gender bias in the armed forces by asking the army to show it the rule which states that women are barred from getting permanent commissions. It in a sense reiterated the Delhi high court’s statement: “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.”

The apex court felt that the attitude of the armed forces was in direct conflict with article 14 of the Constitution. It was hearing a defence ministry petition challenging the high court order which directed the armed forces to give equal rights to women.

Across the world, women are being given greater roles in the military including in combat units. But in India, inspite of our forward-looking Constitution, many of our institutions are mired in the past. They are unable or unwilling to change their hidebound views and use traditional arguments to cover their biases.

However, while it is easy to understand the prejudices of old generals — shameful though they may be — the attitude of the government is much harder to swallow. It is for the defence ministry to force the armed forces to get out of their chauvinistic attitudes to women and uphold the principles that have been the foundations of our nation since the middle of the last century.

As usual, it is the courts to the rescue to make sure that our nation marches ahead with the times. Women must have the choice to join the armed forces if they so desire and to be treated on par with men. In this case the army is resisting granting them permanent commissions up to the age of 60. The explanation that “various factors” have stopped women from going further is hardly tenable. The courts have asked the government the question.

Women deserve a fair answer.

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