Hello, Warriors!
On September 5th, 2015, the Delhi High Court ruled that women can now have full term service in the Indian Navy and enjoy retirement benefits. Allowing women to get permanent commission in the navy, the court said it would “frown upon any endeavor to block progress of women”.
And now, almost about two and a half months from then, slamming Indian Navy for “gender discrimination” and “unreasonable classification”, the Supreme Court on Friday said it was in favour of permanent commission of women officers in all wings after they complete their short service stints.
The apex court’s observation came after hearing an appeal filed by the Navy and Defence Ministry against the Delhi High Court order, asking it to grant permanent commission to 19 women officers in the fields of education, logistics and ATC.
On September 26, 2008, Navy’s rule offered permanent commission to women officers who joined after the date but this was limited only to education, law and naval architecture branches.
Their lawyer Rekha Palli argued on how after using their services for 14 long years, the organisation was throwing them out of service.
Endorsing the argument, a bench headed by justice T S Thakur told Attorney General Mukul Rohatgi, “Once you decide to give a permanent commission, you cannot have a classification. Such discrimination is bad. How is that these women, who once offered their valuable service, are now being considered unproductive, just because they have to be given the benefits of their service?”
As the AG replied that “permanent commission for women SSC officers is something that the law itself bars and such an order would annihilate the functional autonomy of the armed forces”, the judge, referring to the 2008 rule told the AG “the government itself created the problem now you face it”.
The MoD had urged the SC to stay the HC order, saying it “severely affects the operational structure and administrative exigencies in the Indian Navy” and also “result in disturbing the seniority of existing personnel and their promotional avenues”.
It also stressed that this would further cause financial and other constraints on the government and has resulted in the respondents (women officers) being provided with something that the law itself bars.
The Navy maintained that it had not discriminated against women, and that no male officer in the same cadres, who were recruited under the SSC, was offered permanent commission. The Navy has said that the HC nullified its policy without any cogent reason or basis and became a decision-maker for the Indian Navy, which has consistently been avoided by constitutional courts.
But, whatsoever, the women aspirants can now be proud and more motivated to join the Indian Navy as Permanent Commissioned Officers.
