Today, On 6th August, The Supreme Court started hearing petitions by women Army officers from the Short Service Commission, alleging discrimination in denial of permanent commission. Similar petitions from the Navy and Air Force will be heard next.
New Delhi: The Supreme Court commenced hearings regarding the petitions of women Army officers from the Short Service Commission (SSC) who alleged discrimination in their denial of permanent commissions (PC) compared to their male counterparts.
A bench consisting of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh began reviewing the petitions filed by two groups of officers those currently serving and those who have been released from service.
Following the Army officers’ cases, the court plans to hear petitions from Naval officers, and later from Air Force officers, who are also contesting the denial of PCs.
The Supreme Court said,
“Female and male officers of the Indian Army comprise two unequal and distinct classes and cannot be considered together for grant of permanent commission on the same criteria and cut-off marks,”
Senior advocates Huzefa Ahmadi, Menaka Guruswamy, and V. Mohana, along with other lawyers, represented the SSC women officers, arguing that they faced systemic discrimination in the granting of PCs.
The women claimed that their annual confidential reports (ACRs) were graded in a biased manner and that they were denied equal opportunities compared to their male colleagues.
The bench suggested establishing uniform guidelines for the granting of permanent commissions but highlighted the need to consider factors such as specialized training. The justices also inquired about what criteria the officers believed should be used for assessing eligibility for permanent commissions.
The court was addressing a group of over 75 petitions that challenge the refusal of permanent commissions on various grounds. The hearing was left unresolved and is set to continue on August 7.
The Supreme Court reiterated that earlier interim orders remain in effect, preventing the Centre from releasing the officers from service until their petitions are adjudicated.
The court, On May 9, instructed the Centre not to release SSC women Army officers who are contesting the denial of their permanent commissions, urging the government not to “bring their morale down” in “the prevailing situation.”
Additional Solicitor General Aishwarya Bhati, representing the Centre, argued that the decision was an administrative one based on a policy aimed at maintaining a youthful armed forces.
Guruswamy, who represented Colonel Geeta Sharma, referred to Colonel Sofia Qureshi, one of the two women officers who briefed the media on Operation Sindoor on May 7 and 8.
The officers have cited a 2020 Supreme Court ruling that directed the Army to grant them permanent commissions.
In its February 17, 2020, decision, the Supreme Court stated that the complete exclusion of women from all positions apart from staff assignments in the Army was indefensible. It emphasized that the blanket rejection of women for command positions, without justification, could not be upheld in law.
Also Read: SC Allows Women Officers to Challenge Army Promotion Policy
The apex court, which allowed permanent commissions for women officers in the Army, noted that the total prohibition of women SSC officers from obtaining roles beyond staff appointments clearly undermined the purpose of granting PCs as a means of career progression within the Army.
The court also acknowledged the achievements of women officers, citing Colonel Qureshi’s accomplishments as a notable example.
Since the 2020 ruling, the Supreme Court has issued several orders regarding the permanent commission for women officers in the Armed Forces, with similar directives also being issued for the Navy, Indian Air Force, and Coast Guard.