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The Delhi High Court said that women are eligible to be recruited and appointed in Territorial Army (TA) under section 6 of the Territorial Army act, 1948 and also said the any provision bars them is ultra-virus fundamental right provided under Constitution. TA is a second line of defence after the regular army.
The judgement was given on a PIL filed by the lawyer Kush Kalra against the discrimination against recruiting women in TA which invited the applications for employed young men within the age group of 18-42 years.
It was observed that prohibiting women from being employed in Territorial Army “amounts to institutional discrimination by the state and violates Articles 14, 15 and 16 of the Constitution and also impinges on their basic human rights”
Acting Chief Justice Gita Mittal and Justice C Hari Shankar of Division Bench said that:
“The subordination of one sex to the other ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other”. “The impugned advertisements imposing a blanket bar on appointment of women to both departmental and non-departmental battalions of the TA without any credible, reasonable or compelling justification for imposing such restrictions.”
Advocate Gautam Narayan, the amicus curiae in the matter listed 22 countries who allowed women to be the part of their defence army, from the year they were so allowed. Court also considered the judgements passed in other countries like US, Canada and Israel and evaluated the law regarding military service of women in other jurisdictions. Court declared the impugned advertisement to be the Ultra vires under Articles 14, 15, 16 and 19(1)(g) of the Constitution of India as they exclude women from appointment of TA.
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