The Delhi High Court has directed the Indian government to respond to a petition advocating for the inclusion of women in the Indian Military Academy (IMA), Indian Naval Academy (INA), and Air Force Academy via the Combined Defence Services (CDS) examination. The directive comes after a legal challenge was filed against the existing policy that prevents women from joining these prestigious institutions through the CDS exam.
The petition, submitted by Kush Kalra, contests the Union Public Service Commission’s (UPSC) December 2023 notification inviting applications for recruitment into the IMA, INA, and the Air Force Academy through the CDS examination. This policy only allows women to enter the Officers Training Academy (OTA) for Short Service Commission, denying them access to the IMA, INA, and Air Force Academy based on gender alone.
High Court’s Eight-Week Deadline
In response to the petition, a bench consisting of Acting Chief Justice Manmohan and Justice Manmeet PS Arora ordered the central government to decide on the matter within eight weeks. The court indicated that the representation regarding the exclusion of women from these academies was still under review and needed resolution in accordance with legal standards. This swift action underscores the importance of gender equality and non-discrimination in military recruitment.
The petitioner, Kush Kalra, pointed out that the Ministry of Defence has already taken steps to remove gender-based barriers for entry into the National Defence Academy (NDA), allowing women to compete alongside men. Given this progress, the petitioner argues that there’s no valid reason for maintaining the exclusion of women from the CDS examination for recruitment into the IMA, INA, and Air Force Academy. Kalra contends that this policy contradicts the fundamental right to equality enshrined in the Indian Constitution.
Petitioner’s Claims of Gender Discrimination
Kalra’s petition emphasizes that the current system is unjustly discriminatory, allowing only unmarried male candidates with the appropriate degree to join the IMA, INA, and Air Force Academy through the CDS examination. In contrast, eligible and qualified female candidates are restricted from taking the same examination based solely on their gender. This, according to the petitioner, represents a violation of constitutional values promoting equality and non-discrimination.
The petition argues that the exclusion of women from premier military training institutions deprives them of opportunities to serve their country and hinders the progress towards a more inclusive armed forces. It calls on the government to take immediate steps to rectify this gender-based injustice and ensure that women are granted the same opportunities as their male counterparts in military recruitment.
The Delhi High Court’s decision to require a response from the central government within eight weeks reflects a broader societal push towards gender equality and justice. It sets a precedent that could pave the way for greater inclusion of women in the Indian Armed Forces and challenge discriminatory practices that have persisted for far too long.
