Delhi High Court dismissed a PIL requesting a separate Gujjar Regiment in the Army. The court upheld equal recruitment policy, rejecting caste-based military units.
New Delhi: Today, On May 28, The Delhi High Court has dismissed a Public Interest Litigation (PIL) that requested the Union of India and the Ministry of Defence to create a separate Gujjar Regiment in the Indian Army.
The decision came on Wednesday, with the court clearly stating that such a demand goes against the government’s recruitment policies which ensure equal opportunities for all citizens.
A bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela heard the matter.
The court said that the Indian government follows a strict policy where recruitment in the Army is done equally for all, without considering a person’s caste, religion, region, or background.
The court criticised the PIL, saying that asking for a regiment based on one particular caste was not legally or constitutionally right.
The judges asked the petitioner to explain whether there is any law or provision in the Constitution of India that gives the right to request the creation of a caste-based regiment.
The court said that the Indian Army is made up of people from all regions and communities, and this is important to maintain the unity of the country.
“Government policy mandates equal recruitment opportunities for all citizens, irrespective of class, creed region, or religion.”
The judges pointed out that the Army builds regiments by combining people from many places and communities to strengthen national unity and not divide it by caste or community.
“The bench questioned the legal and constitutional basis for the petition asking the petitioner whether any law or provision in the Constitution grants the right to demand the formation of a separate regiment in the Army.”
“The court emphasised that regiments are formed by integrating people from various regions and communities to uphold national unity.”
After hearing these observations from the court, the lawyer representing the petitioner, Rohan Basoya, decided to withdraw the petition. The court then closed the case, saying it was dismissed as withdrawn.
“Acknowledging the court’s objections, the petitioner’s counsel opted to withdraw the plea. Consequently, the bench disposed of the matter declaring it dismissed as withdrawn.”
During the hearing, Advocate Monika Arora, who appeared for the Union of India, explained to the court that since India gained independence, the central government has never formed any new regiments based on caste, religion, class, or region.
This is to make sure that everyone gets an equal chance to serve in the Army.
“Since Independence, the government has maintained policy of not forming new regiments based on specific communities, classes, religions, or regions to ensure equitable recruitment opportunities.”
She also said that in the past, many petitions, letters from VIPs, parliamentary discussions, and private bills have tried to push for new regiments based on history, local heroes, and cultural identity.
However, the government has always followed its policy and refused to make new caste- or region-based regiments.
“Various petitions, VIP references parliamentary questions, and private member bills have sought the creation of new regiments based on historical figures, national heroes, and regional identities. Still, the government has remained steadfast in its policy.”
Petitioner Rohan Basoya had argued that the Gujjar community has always been brave and has shown great courage in several wars and battles.
He mentioned their role in the 1857 Revolt, the Indo-Pak wars of 1947, 1965, and 1971, the Kargil War in 1999, and counter-terror operations in Jammu and Kashmir.
Also Read: SC Allows Women Officers to Challenge Army Promotion Policy
He said that despite this history of bravery, they have not been given a separate regiment like other martial communities in India such as the Sikhs, Jats, Rajputs, Gorkhas, and Dogras.
“The Gujjar community has a long-standing history of bravery, citing their participation in the 1857 Revolt Indo-Pak Wars of 1947, 1965, and 1971, the Kargil War (1999), and counterinsurgency operations in Jammu & Kashmir. Despite this legacy they have not been granted a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras.”
He further said that the Indian Army already has regiments based on ethnicity or community to honour their service to the nation.
Therefore, not giving the Gujjar community the same treatment was unfair and went against their constitutional rights under Article 14 (Right to Equality) and Article 16 (Equality of Opportunity in Public Employment) of the Constitution of India.
The petitioner claimed that forming a Gujjar Regiment would give equal chances to the community, boost recruitment numbers, and make national security stronger.
“The Indian Army has historically maintained ethnic-based regiments to recognise the contributions of specific communities to national defence. The exclusion of Gujjars, the petitioner asserted, creates an imbalance in representation and violates their constitutional rights under Articles 14 and 16 of the Indian Constitution.”
“Establishing a Gujjar Regiment would provide equal opportunities, enhance recruitment, and strengthen national security.”
In the petition, it was also mentioned that many people have asked for a Gujjar Regiment in the past, but the government has not taken any action. Since Gujjars are present in large numbers in important border areas like Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, the petitioner said that forming a Gujjar Regiment would help in dealing with security issues, especially in border and counter-terrorism operations.
“The demand for a Cujjar Regiment has been raised multiple times, yet the government has taken no concrete steps.”
“Given the community’s significant presence in border regions such as Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Cujjar Rogiment would also serve stratogic military interests in counterinsurgency and border security operations.”
Click Here to Read More On Army
