On Monday( 26th February): The Supreme Court stated “You speak of ‘Nari Shakti Nari Shakti,’ now show it here. You are at the deep end of the sea here. I don’t think the Coast Guard can say they can fall out of line when the Army and Navy have done it all. You all have not read the Babita Punia judgment so far,”
New Delhi: On Monday (26th February), the Supreme Court (SC) emphasized that “women cannot be left out” and directed the Center if it fails to adhere to current regulations, in response to a petition by a female Coast Guard officer seeking a permanent commission.
READ ALSO: DJS EXAM| Delhi High Court Upholds The “Right to Challenge” The Exam
Chief Justice of India (CJI) D Y Chandrachud, presiding over the hearing, directed the Government to voluntarily implement the necessary measures, the judiciary would step in to guarantee gender equality within the specified defence service.
The Supreme Court is currently deliberating on a case brought forward by a female officer from the Indian Coast Guard (ICG), who is advocating for the right of eligible women serving on short-service commissions within the force to be granted Permanent Commissions.
During the proceedings, the Attorney General R Venkataramani, representing the Centre, mentioned that the operational dynamics of the Coast Guard are distinct from those of the Army and Navy. However, Chief Justice of India (CJI) D Y Chandrachud responded by dismissing the notion that operational differences justify the exclusion of women from certain roles, asserting, “Arguments based on functionality do not stand in the year 2024. The exclusion of women is unacceptable.“
READ ALSO: Supreme Court Questioned Bombay HC Over Delayed Bail matters
Background
Priyanka Tyagi, a short service commission officer in the Coast Guard, who, despite a commendable 14-year service record, has faced obstacles in her bid for a Permanent Commission. This legal challenge addressed the broader issues of gender equality and discrimination within the defence services, signaling a critical moment for institutional reform and the recognition of women’s contributions to national security.
This issue was addressed by a three-judge panel led by CJI Chandrachud, which previously criticized the Centre and the Indian Coast Guard for not offering Permanent Commissions to female officers. The panel, which also includes Justices JB Pardiwala and Manoj Misra, emphasized the need for the Coast Guard to develop policies that treat women officers equitably.
The judges highlighted that with the Navy and Army already providing Permanent Commissions to women, the Coast Guard’s stance was indefensible, and they pointed out the organization’s “patriarchal attitude.”
READ ALSO: Supreme Court Imposes Rs.1 lac Costs on Frivolous Petitions: A Message to Lawyers
The court made a reference to the rhetoric of empowering women, urging the authorities to align their practices with their declarations of support for ‘Nari Shakti’. The judges reminded the Coast Guard of the landmark Babita Puniya judgment, which established the entitlement of women Short Service Commission officers to Permanent Commissions on the same basis as their male colleagues.
“You speak of ‘Nari Shakti Nari Shakti,’ now show it here. You are at the deep end of the sea here. I don’t think the Coast Guard can say they can fall out of line when the Army and Navy have done it all. You all have not read the Babita Punia judgment so far,”
The court has requested a formal response from the Centre and has scheduled a follow-up hearing for March 1.