The judgment in Babita Puniya v. Union of India upheld the right of women officers in the Indian Army to be granted Permanent Commission (PC) and command roles—rights that had long been denied under the pretext of “physiological limitations” and “operational difficulties.”
NEW DELHI: In 2020, a two-judge bench of the Hon’ble Supreme Court passed a landmark ruling that permanently altered the landscape of Indian defence services.
The judgment in Babita Puniya v. Union of India upheld the right of women officers in the Indian Army to be granted Permanent Commission (PC) and command roles—rights that had long been denied under the pretext of “physiological limitations” and “operational difficulties.”
Five years later, in 2025, that decision reached a defining moment when two women officers—Colonel Sofiya Qureshi and Wing Commander Vyomika Singh—led the public briefing on Operation Sindoor, India’s retaliatory strike on terror camps across the LoC.
Background
Before 1992, women in the Indian Army were restricted to roles in the medical, dental, and nursing services. However, a notification issued that year by the Central Government opened the doors for women to be commissioned into various Short Service Commission (SSC) roles in departments such as the Regiment of Artillery, Intelligence Corps, Corps of Signals, Army Service Corps, Education Corps, and the Judge Advocate General’s (JAG) Department, among others.
Over time, women officers serving under SSC began seeking parity with their male counterparts, especially regarding the grant of Permanent Commission (PC).
The Court declared that the Centre’s policy of denying PC to women officers, despite their proven competence, was a direct violation of Article 14, the constitutional guarantee of equality before law. Justice Chandrachud wrote:
“To cast aspersions on the abilities of women on the ground of gender is an affront not only to their dignity as women but to the dignity of the members of the Indian Army—men and women—who serve as equal citizens in a common mission.”
He further clarified the limits of Article 33, which allows Parliament to restrict rights in the armed forces. He held that these restrictions must be justified by necessity, not social prejudice.
In 2003, advocate Babita Puniya filed a Public Interest Litigation (PIL) in the Delhi High Court, demanding that SSC women officers be granted PCs on par with men. Many other women officers from the Indian Army and Air Force joined this legal battle by filing separate petitions, which were clubbed with the Babita Puniya case.
- 2005: The Ministry of Defence (MoD) extended the validity of the women officers’ appointment scheme.
- 2006: Another notification limited the SSC tenure for women officers to 14 years.
- October 16, 2006: Major Leena Gaurav challenged the 14-year cap and demanded PC.
- 2007: Lt. Col. Seema Singh also approached the court seeking the same relief.
- 2008: The Central Government granted PC to SSC women officers but only in limited branches like the Army Education Corps and JAG Department in all three services.
These notifications were challenged in court for being partial and discriminatory.
In 2010, the Delhi High Court consolidated all related petitions and directed the Central Government to grant PCs to all SSC women officers in the Army and Air Force who had opted for it and were found eligible.
The Indian Army challenged this order in the Supreme Court of India.
In 2018, the Central Government informed the Supreme Court that it was considering granting PCs to women in the army.
On February 15, 2019, the MoD issued a notification granting PC to SSC women officers in eight arms/services, but with a restrictive clause stating they would be employed only in staff appointments—not command roles.
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Issues Before the Supreme Court:
- Should the MoD’s 2019 notification (granting limited PC with restrictions) be implemented?
- Should women officers in SSC be granted Permanent Commission in the Indian Army?
In February 2020, a two-judge bench of the Supreme Court, comprising Justice D.Y. Chandrachud and Justice Ajay Rastogi, delivered a landmark ruling. The Court held:
- Denial of PC to women is a violation of Article 14 (Right to Equality).
- Though Article 33 allows some restrictions on rights in the armed forces, such restrictions must be reasonable, necessary, and proportional, not rooted in stereotypes.
Key Directions:
- All SSC women officers are eligible for Permanent Commission, regardless of length of service (whether beyond 14 or 20 years).
- The expression “staff appointments only” from the 2019 notification shall not apply, and women must be considered for command appointments.
- Eligible officers must be granted PC and be entitled to pension, promotions, and financial incentives.
- Specialisations must be available to women on equal terms with men.
- The Delhi High Court’s 2010 judgment must be implemented in full.
- The Central Government must ensure compliance within 3 months.
Justice Chandrachud observed:
“To cast aspersions on the abilities of women on the ground of gender is an affront not only to their dignity as women but to the dignity of the members of the Indian Army—men and women—who serve as equal citizens in a common mission.”
Operation Sindoor
In April 2025, after a terror attack in Pahalgam, which killed 26 civilians including a foreign national, the Government of India launched Operation Sindoor—a series of targeted strikes on terror camps in PoJK and Pakistan.
At the heart of the official response were two women officers—Colonel Sofiya Qureshi and Wing Commander Vyomika Singh—chosen to brief the nation and the world.
The significance was not lost on anyone. The image of two women commanding national attention during a wartime operation was unprecedented. It was, in every sense, the real-world enforcement of the Court’s 2020 ruling.
As a senior official said on condition of anonymity:
“This would not have been possible without the Supreme Court’s order. The battlefield has changed because the Bench changed the rulebook.”
Colonel Sofiya Qureshi
Colonel Sofiya Qureshi: Commissioned in 1999, she was the first Indian woman to lead an international military contingent at Force 18 in 2016. She served in sensitive areas, including a UN mission in Congo, and continues to inspire young women through her public appeal:
“If possible, join the Indian Army.”
Wing Commander Vyomika Singh
Since 2004, she has flown helicopters in flood-hit Northeast India and received commendations for operational excellence. Her promotion to Wing Commander in 2017 was the result of performance, but her visibility in 2025 was the vindication of a constitutional principle: equality in uniform.
The government’s choice to put women at the helm of a national security communication exercise during Operation Sindoor was not symbolic—it was judicially compelled by the Constitution and judicially supervised by the Supreme Court.
Their presence signalled that:
“National defence is no longer a male preserve—it is a constitutional duty shared by all citizens, irrespective of gender.”
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