The Secretary, Ministry of Defence

v.

Babita Puniya & Ors. (2020)

• Introduction- In a resounding rebuff to the Army, the Bench of Supreme Court comprising of Justices DY Chandrachud and Ajay Rastogi not just trashed the Army’s weaker sex argument for denying them permanent commission as it had just no merit but also blasted the Army’s dogged resistance to provide permanent commission to women officers! The Bench also said that these were based on sex stereotypes premised on assumptions about socially ascribed roles of gender which discriminates against women.

• They [Bench] junked the argument of domestic duties, motherhood, biological requirements of women and [the verdict] will ensure greater gender justice and gender dignity in all walks of life. Women are already performing combat roles in the IAF. This verdict will ensure greater roles commensurate with their individual merit and aptitude. She also rightly pointed out that, Women have been in the Army since 1992, so to deny PC to existing officers and command positions to all of them betrays the constitutional guarantee and is also contrary to their impeccable service record for the past 27 or 28 years.

• It cannot be overlooked that apart from Israel where women soldiers were allowed entry in intensive combat roles since 1995, Germany too allowed women in combat since 2001 and Australia too opened all jobs in its defence forces to women in 2013. Pakistan also inducted its first women fighter pilot in 2013.

• Norway allowed women in all combat roles in 1985. In USA all ground combat jobs were opened to women in 2016. In July 2016, British PM lifted ban on women serving in close combat units. In Canada all military occupations open to women since 1989. North Korea, France and Netherlands are among the other countries that allow women to be in front-line combat positions. Why then should Indian Army lag behind? Of course, all these countries have also been instrumental to a great extent in shaping the decision of the Apex Court in this case!

 

• Before proceeding ahead, it would be prudent to discuss the manner in which this noteworthy case was initiated and finally brought to its logical conclusion. The major events are only being mentioned here and not each and every events. They are as follows:-

 

• 2003- In February, Babita Puniya who is a practicing advocate in Delhi High Court filed a PIL before the High Court seeking permanent commission for women officers recruited through Short Service Commission (SSC) in the armed forces on par with their male colleagues.

• Several groups of women officers from both the army and air force also approached the High Court for relief separately. Their petition was tagged with that of Babita Puniya.

 

• 2006- A policy revision allowed them to serve for a maximum of 14 years as an SSC officer.

• Another writ petition was filed by Major Leena Gaurav on October 16, 2006 challenging the terms and conditions of service imposed by circulars earlier that year and to seek permanent commission for women officers.

 

• 2007- Lt Col Seema Singh also moved the court.

 

• 2008- The Centre decided in September to grant permanent commission to SSC women officers in Judge Advocate General department and Army Education Corps and their corresponding branches in Air Force and Navy. More petitions were also filed in Delhi High Court in challenging the 2006 and 2008 circulars.

 

• 2010- In March, a Delhi High Court Bench allowed the petition and directed the Defence Ministry to extend permanent commission benefits to the SSC women officers of Air Force and Army who had opted for permanent commission yet not granted the same.

• In July, the Army challenged the order. The Supreme Court very rightly refused to put the Delhi High Court order on hold which by implication meant that the Centre was bound to implement the Delhi High Court order. It instead issued notice to women officers.

 

• 2011- It was on September 2, 2011 that the case reached the Apex Court in appeal. The Apex Court held that the operation of the impugned judgment is not stayed at all.

 

• 2018- On May 9, Centre tells Apex Court that it is considering granting permanent commission to women officers recruited through SSC in the Army.

• On August 15, PM Modi announces a major shift by declaring that women officers will be able to opt for permanent commission in branches of armed forces apart from existing ones like legal and education.

 

• 2019- In February, the government took out a notice announcing permanent commission to women but prospectively and made it applicable to only those women commissioned after the order was notified keeping the serving officers out of the ambit. On February 25, Centre issues order for grant of permanent commission to new SSC officers in eight combat support arms/services.

 

• 2020- On February 17, this landmark judgment is delivered which paves the way for permanent commission of women in the army and also makes them eligible for command posts.

 

• Design- Most significantly, the Bench then holds in para 69 that, We accordingly take on record the statement of policy placed on the record in these proceedings by the Union Government in the form of the letter dated 25 February 2019 and issue the following directions:

 

(i) The policy decision which has been taken by the Union Government allowing for the grant of PCs to SSC women officers in all the ten streams where women have been granted SSC in the Indian Army is accepted subject to the following:

(a) All serving women officers on SSC shall be considered for the grant of PCs irrespective of any of them having crossed fourteen years or, as the case may be, twenty years of service;

(b) The option shall be granted to all women presently in service as SSC officers;

(c) Women officers on SSC with more than fourteen years of service who do not opt for being considered for the grant of the PCs will be entitled to continue in service until they attain twenty years of pensionable service;

(d) As a one-time measure, the benefit of continuing in service until the attainment of pensionable service shall also apply to all the existing SSC officers with more than fourteen years of service who are not appointed on PC;

(e) The expression in various staff appointments only in para 5 and on staff appointments only in para 6 shall not be enforced;

(f) SSC women officers with over twenty years of service who are not granted PC shall retire on pension in terms of the policy decision; and

(g) At the stage of opting for the grant of PC, all the choices for specialisation shall be available to women officers on the same terms as for the male SSC officers. Women SSC officers shall be entitled to exercise their options for being considered for the grant of PCs on the same terms as their male counterparts.

 

Impact- After this landmark order, the path to gender equality has certainly been remarkably heralded which shall ensure that women are no longer denied permanent commission or denied command posts! Even women officers in the Air Force and other streams shall benefit immensely from it as from now onwards they cannot be denied command posts nor be denied the highest post of Chief also! This judgment shall always be remembered as one of the best judgments which heralded gender equality in defence services also which includes all the services – Army, Navy and Air Force!