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The Supreme Court granted a month's time to execute the grant of Permanent Commission and Command Posts for women who are eligible for posts in the Indian Army.
The Bench which was headed by Justice DY Chandrachud heard the application that sought an extension of 6 months to execute the ruling made by Justice DY Chandrachud and Ajay Rastogi on 17th February 2020.
The Judgement delivered on the 17th of February 2020, stated that a permanent commission should be created for the women in the Indian Army.
The Court also asserted that the absolute exclusion of women from command assignments was arbitrary of Article 14 of the Indian Constitution.
The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles. The Constitution not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favor of women.
Hence, the policy that stated that women will only be given staff appointments was deemed unconstitutional.
"An absolute bar on women seeking criteria or command appointments would not comport with the guarantee of equality under Article 14. Implicit in the guarantee of equality is that where the action of the State does differentiate between two classes of persons, it does not differentiate between them in an unreasonable or irrational manner".
The judgment stated that the blanket non-consideration of women for command assignments is unsustainable in the eyes of law.
In conclusion, the judgment stated that necessary steps in compliance with the judgment should be taken within three months from the date of judgment.
The Ministry of Defence today, submitted that decision making was at its final phase and only formal directions were to be issued.
The Bench accepted the submission that asserted that the delay in implementation was due to the outbreak of the COVID 19 Pandemic, and granted the extension of one month to the government for implementation.
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