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Absolute Exclusion of Women From Command Appointments In Army Is Unjustified
In the case of The Secretary, Ministry of Defence v. Babita Puniya & Ors., the Supreme Court gave a landmark judgement on women empowerment and gender justice. The Court directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant Short Service Commission for women.
The Hon'ble Court also held that the absolute exclusion of women from command assignments is against Article 14 of the Constitution of India and illegal. Therefore, the policy that women will be given only staff appointments was held to be unenforceable.
The Court stated, "An absolute bar on women seeking criteria or command appointments would not comport with the guarantee of equality is that where the action of the State does differentiate between two classes of persons, it does not differentiate them in an unreasonable or irrational manner. An absolute prohibition of women SCC officers to obtain anything but staff appointments evidently does not fulfill the purpose of granting PCs as a means of career advancement in the Army."
The Court observed that it is an insult to women as well as the army when aspersions are cast on women, their ability and their achievements in the army.
The bench comprising of Justices DY Chandrachud and Ajay Rastogi dismissed the appeals filed by the Central Government and slammed the arguments made by the Center in their written notes which had cited the physiological features and domestic obligations of women as reasons for denying them command appointments. The bench observed that such arguments prolong gender stereotypes.
The Court added that change of mindset is required on part of government to put an end to gender discrimination in armed forces.
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