PERMANENT COMMISSION FOR
WOMEN
In 2020, the Supreme Court in a landmark judgment (Bapita Puniya case) had directed to allow the women officers to be granted the Permanent Commission in the army. To abide by the SC verdict, the Ministry of Defence has issued a formal Government sanction letter for the grant of Permanent Commission to women officers in the Indian army. Earlier women were barred from continuing the service after 14 years, where male officers continued their permanency.
Background Facts:
Under Section 12 of the
Army Act, 1950 prohibited the recruitment of females into the Indian army.
In 1992, Women were
allowed to join Short Service Commission (tenure of 10 with an extension of 4
years as a commissioned officer in the forces)
In 2003, Babita Puniya
filed a writ petition in Delhi High Court seeking Permanent Commission for
female officers.
In 2008, the Centre had
decided to grant Permanent Commission to SSC women officer in two branches –
Army Education Corps and Judge Advocate General
In 2010, the Delhi High court pronounced the judgment allowing the Permanent Commission to women
officers in all branches.
In 2020, after the long battle between Military standards and Women’s aspiration, SC upholds the Delhi
High Court judgment where Women officers allowed granting Permanent Commission
in both combat and non-combat role.
Argument against
granting Permanent Commission to women:
Inherent dangers
involved in the service where the possibility of Women officers captured by the
Enemy and subjected to torture and harassment during the Prisoner of war.
Deployment of women
officers are not advisable in areas where minimal facility of habitat and
hygiene.
Physiological standards
to handle difficult terrain, insurgency operations, withstand the rigorous of
combat role.
Physiological
limitations of women officers are accentuated by challenges of confinement,
motherhood, and childcare.
Gender-specific rights
such as Maternity and Child care causes long absence from service, Spouse
postings affect the organizational interest.
Marked tendency to
request for peace tenures.
Women Empowerment:
Women undergo rigorously
training and all mandatory courses which male officer undergo for SSC, not
granting Permanent Commission to women violates the equality of opportunity and
support systematic discrimination against Women officers.
Patriarchal attitude
needs to be changed to recognize the commitment to values of the Constitution under
Article 14(Equality of Law), 15(Prohibits discrimination on grounds of Sex) and
16(Equality of Opportunity in matters of public employment).
In the world, the US and
Israel are the countries allowing Women Officer in Active Combat role.
There are instances
where Women officers played a remarkable role in performing National
duty. For Say, Lieutenant Colonel Sophia Qureshi is the first woman
to lead an Indian Army contingent at Exercise Force 18 which is the largest
military exercise in India.
Flight Officer Gunjan Saxena and Flight Lieutenant Srividya became the first women pilots to fly into combat zones during the Kargil war.
Major Madhumita is the
first women officer to receive Gallantry award for fighting Taliban terrorists
in Afghanistan.
Women Officers in the Indian army has been participating in the UN Peace Keeping Force since 2009 and have been deployed in active combat scenarios in Syria, Lebanon, Ethiopia, and Syria.
Path to Equality in Service:
Granting Permanent
Commission to Women officers will place them on an equal footing with men
regarding Promotions, Professional growth, and Provide job security.
Mitigate the shortage of
officers in all the three forces where the officer in charge (65000 officers)
was less than the sanctioned strength(74000 officers)
Start accepting the Women as equal to male coparceners will create a better atmosphere of operational efficiency.
Recognizing the right of women to equality of opportunity in the Indian Forces marks a welcoming step towards realizing the fundamental constitutional commitment to equality and the dignity of women.
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