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Supreme Court’s division bench headed by Justice D.Y. Chandrachud on March 17th, 2020 directed centre granted PC[1] to women in Indian Navy[2] and also asked government to treat men and women equally. This appeal reached Supreme Court after adjudication from two decisions of Delhi High Court[3] and Armed Forces Tribunal[4].
Petitioner’s grievance was that, despite completing fourteen years of service in Navy a Short Service Commission (SSC), they were denied of permanent commission which was given to male officers of Navy. Delhi High Court in the case of Babita Puniya v. Union of India[5] delivered its judgement on March 12th, 2010 granting permanent commission to SCC women officers in Army and Airforce. Airforce implement the decision, but the government filed appeal in SC against the judgement which gave PC to women in Army. However later on February 17th, 2020 SC dismissed the plea and directed Army to give PC to women and said that government cannot discriminate and also in this case the appeal of union government stands rejected and SC upheld the Judgement given in the particular case by Delhi High Court granting permanent commission to women in Navy.
While the matter was with Delhi HC, Hon’ble Court observed that the women officers undertake same kind of training as male officers but nevertheless denied permanent commission. Male officers were given permanent commission with no exceptional merit except for the fact that they belong to male sex. Court also raised a question based on this statement that if this doesn’t tantamount to gender discrimination then what else does.[6]
Section 9 of the Navy Act, 1957 deals with the eligibility of enrolment in Indian Navy. This section also bars the eligibility of women officers. Sub section (2) of this section states that No woman shall be eligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces except in such department, branch or other body forming part thereof or attached thereto and subject to such conditions as the Central Government may, by notification in the Official Gazette specify in this behalf. Therefore, it was up to the union government to define conditions and recruit female officers and that too in some of the cadre or branch of the armed forces.
The enrolment of women in SSC was also confined to only four branches:
Note: PC was sanctioned for Logistic, Law and Education in 1991. Later ATC was also added. Naval Constructor (2001), Naval Armament Inspectorate (2017) and Observer Specialization (2018)
On December 20th, 1991, MoD[7] conveyed Chief of Naval Staff to induct women in education and stated that policy guidelines regarding permanent commission would be laid down in 1997, but was later laid down in 2008. On September 26th, 2008, MoD sanctioned permanent commission in law, education and naval architecture.[8] Permanent Commission was denied to SSC women officers who were already serving and was confined to specific cadre and branches of three forces. And this order of was having no refence of policy communication by MoD dated February 25th, 1999 in which the terms of service of SCC officers (including women) for grant of permanent commission was outlined. The order was challenged primarily because of two reasons, firstly, the same being prospective in nature and giving no benefit to those who have served 14 years and secondly, the exclusion of cadres from permanent commission.
Justice D.Y. Chandrachud said that the government cannot discriminate against women. The bench also considered the fact that women can sail with same efficiency as male officers. The division bench also rejected the Centre’s stand that sea sailing duties cannot be granted to Short Service Commission (SSC) women officers in the Navy because its Russian vessels do not have washrooms for them and the sea-going duties don’t have immediate return.[9] The bench said that a hundred and one excuses are no answer to the constitutional entitlement to dignity, which attaches to every individual irrespective of gender, to fair and equal conditions of work and to a level-playing field. A level-playing field ensures that women have the opportunity to overcome their histories of discrimination with the surest of responses based on their competence, ability and performance.
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