“A Level Playing Field Ensures Women Overcome Histories of Discrimination” – SC Urges Navy Women Officers to Seek Promotions via AFT

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The Supreme Court directed women officers of the Indian Navy to approach the Armed Forces Tribunal for promotions, following past rulings granting them permanent commission. The court acknowledged the need for thorough evaluation of promotion criteria and urged prompt resolutions. This reflects ongoing efforts toward gender equality in military roles.

New Delhi: In a crucial development regarding the promotion of short service commission (SSC) women officers in the Indian Navy, the Supreme Court on Wednesday directed them to approach the Armed Forces Tribunal (AFT) for reliefs, including promotion to the rank of captain. The move stems from the March 17, 2020 landmark verdict by the apex court granting permanent commission to women officers in the Navy.

A bench of Justices Surya Kant and Ujjal Bhuyan emphasized that matters such as benchmark criteria, evaluation of annual confidential reports (ACRs), inter se seniority, and other related considerations require detailed examination.

“It goes without saying that consideration of benchmark criteria, cut-off date of benchmark criteria, evaluation of annual confidential reports, overall evaluation, and inter se seniority… are issues that would require in-depth consideration by the tribunal for effective determination,”

the bench observed.

The court granted the women officers the liberty to file petitions before the AFT and directed the tribunal to resolve the cases within four months, citing the decade-long delay in addressing their promotions.

During the hearing, the counsel for the women officers argued that despite the 2020 Supreme Court judgment mandating permanent commission and consequential benefits, including promotions, the directives were not implemented.

The bench clarified that if non-compliance was the issue, the appropriate course of action would be a contempt petition, rather than the miscellaneous application that was filed. The counsel also noted that a similar application by women Army officers had resulted in favorable relief from the court.

Attorney General R Venkataramani, representing the Centre, stated that the defence forces had been granting permanent commissions following the 2020 verdict but admitted delays of three years.

“There are some who do not qualify the benchmark criteria. If they are aggrieved by the order of non-grant of promotion or permanent commission, they can very well approach the AFT,”

he said.

The March 2020 Supreme Court decision was hailed as a turning point in the battle for gender equality within the armed forces. The court affirmed that women must be given a “level playing field” to overcome discriminatory histories, and that gender stereotypes, including those premised on physiology and motherhood, should not determine their roles.

“A level playing field ensures that women have the opportunity to overcome their histories of discrimination with the surest of responses based on their competence, ability, and performance,”

the judgment declared.

With the Supreme Court’s directive, the women officers now have a defined path to pursue their rightful claims for promotion through the AFT. The landmark 2020 decision remains a pivotal reference point, emphasizing gender equality, fair treatment, and justice for women in the armed forces.

As the AFT prepares to hear these cases, the battle for equal opportunities in the Indian Navy continues to spotlight the broader challenges of achieving true gender parity in traditionally male-dominated domains.

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