Today(on 26th April), Delhi High Court directs Defence Ministry to decide plea for women’s inclusion in Armed Forces through CDS exam within 8 weeks, emphasizing prompt action on representation submitted by Advocate Kush Kalra.
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NEW DELHI: The Delhi High Court today(on 26th April), has issued a order, directing the Union Ministry of Defence to make a decision within eight weeks regarding the inclusion of women in the Indian Army, Navy, and Air Force through the Combined Defence Services (CDS) exams.
The plea, filed by Advocate Kush Kalra, was disposed of by a Division Bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora.
Advocate Kush Kalra had previously submitted a representation to the Central government on December 22, 2023. While Kalra’s lawyer requested that the petition be kept pending until the government decides on the representation, the Court emphasized that the government should make a determination without the “sword of the petition hanging over its head.”
During the proceedings, Central Government Standing Counsel (CGSC) Kirtiman Singh informed the Bench that the government has been gradually taking steps to include women in the Armed Forces.
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Singh stated-
“We have accomplished it within the NDA. The concern is the timing; it’s suggested to be implemented this year. However, this year’s cadre allocation has already been completed. I am confident that the inclusion of women in the Army, Navy, and Air Force through CDS will also occur, but I cannot guarantee an immediate implementation.”
Consequently, the Court disposed of the plea and directed the Central government to resolve Kalra’s representation within eight weeks.
The Court’s order expressly stated-
“The writ petition is resolved with an instruction to Defendant No. 2 to review the petitioner’s submission dated December 22, 2023, within 8 weeks, in compliance with the law.”
Advocate Kush Kalra’s petition highlighted the issue of gender discrimination in the recruitment process for the Indian Military Academy (IMA), Indian Naval Academy (INA), and Air Force Academy (AFA) of the Indian Armed Forces (IAF) and Officers Training Academy (OTA) through the CDS exams scheduled for April 21, 2024.
The petition argued that the notification unreasonably excludes females from participating in the exams solely based on their gender. Currently, women are only considered for the Short Service Commission (SSC) at OTA, while the opportunity to apply for IMA, INA, and IAF is denied to them.
The Ministry of Defence presently conducts two exams for recruiting candidates into IMA, INA, and AFA. The National Defence Academy (NDA) exam is for Class XII graduates, while the CDS exam is for graduates. Previously, female candidates were not allowed to join IMA, INA, or AFA through either the NDA or the CDS. However, following orders from the Supreme Court, women can now join the NDA on par with men.
Advocate Kush Kalra argued that although women are being admitted to the defence forces through the NDA, the discriminatory practice persists in the CDS.
The plea stated-
“The exclusion of qualified female candidates from training at the premier Indian Armed Forces institute later poses obstacles to their career advancement opportunities within the Armed Forces.”
The plea further added-
“The respondents permit unmarried male candidates with adequate qualifications to undergo the CDS Examination and enroll in esteemed institutions such as the Indian Military Academy, Indian Naval Academy, and Air Force Academy. However, eligible and willing female candidates are denied the opportunity to take the same examination solely based on their gender, without any reasonable or justifiable explanations within the constitutional framework. This discriminatory act by the respondents constitutes a violation of the constitutional principles of equality and non-discrimination.”
The Court’s directive to the Ministry of Defence to decide on the inclusion of women within a specific timeframe reflects the urgency and importance of ensuring equal opportunities for all individuals, regardless of their gender.
