SC Rules Medical Criteria For Women In Permanent Commission In Army ‘Irrational’, ‘Arbitrary’

The apex court had earlier ordered that the permanent commission will apply to all women officers in the Indian Army in service irrespective of their years of service.

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The Supreme Court on Thursday ruled that the criteria to consider a permanent commission for women officers in the Indian Army is “arbitrary” and “irrational”, creating “systemic discrimination” against them. The apex court was hearing petitions of 80 women officers regarding the permanent commission in the army.

The Supreme Court also stated that women officers must be considered for permanent commission (PC) subject to disciplinary and vigilance clearance. 

“We allow these petitions with a number of directions. Officers will be considered for permanent commission subject to disciplinary and vigilance clearance,” the bench headed by Justice Dr. DY Chandrachud reportedly said.

“This shall continue and they shall avail all benefits,” it further said, disposing of the writ petition.

The officers contended that the army denied them permanent Commission by applying an arbitrary threshold for medical fitness and by not considering their credentials. 

“We must recognize here, that the structures of our society have been created by males for males. Therefore, certain structures which may appear to be facially harmless are an indication of the insidious patriarchal system. A facially equal application of laws to unequal parties is farce when the law is structured to cater to a male standpoint. The superficial face of Equality does not stand true to the principles enshrined in the Constitution”, the Supreme Court ruled in the 137-page judgment.

The Supreme Court in February 2020 allowed women officers in the Army to be eligible for command positions on par with male officers, asserting that the government's arguments against it were "discriminatory", "disturbing," and based on stereotype. The court also said Permanent Commission would be available to all women, regardless of their years of service.

The Indian Air Force and the Indian Navy have already granted Permanent Commission to women officers even as both have opened up some combat roles for women.