SC rules there cannot be gender discrimination in granting permanent commission to women in Navy

The Supreme Court of India has accepted the long pending demand for women’s permanent commission in the Indian Navy after the lifting the statutory bar on inducting women in the Naval force. A SC Bench headed by Justice DY Chandrachud says that it would be plainly discriminatory if women officers are not treated at par with the male counterparts since the induction of women in the Naval services was lifted. Women can sail with equal efficiency as men can, the Court observed rejecting arguments based on the physiological differences with men and stressed that women and men officers should be treated equally. The Supreme Court also   the Centre to complete the modalities within three months. There cannot be 101 excuses for not granting gender equality in the armed forces and a level playing field is needed. Denying permanent commission to women officers who have served the nation would result in a serious miscarriage of justice, it said. The Bench also comprising Justice Ajay Rastogi  rejected the Centre’s stand that sea sailing duties cannot be granted to SSC (Short Service Commission) women officers in the Navy because its Russian vessels do not have washrooms for them. Such arguments, the court said, are contrary to the Centre’s policy of 1991 and 1998 which lifted the statutory bar on the induction of women officers in the Navy. The bench quashed the prospective effect of the policy barring women officers inducted before 2008 from being granted permanent commission in the Navy. It also granted pension benefits to women officers who have retired and were not granted permanent commission. It said there cannot be gender discrimination in granting permanent commission to women officers in the Navy after the statutory bar was lifted by the Centre to allow entry of women. Once statutory bar was lifted to allow entry of women officers then male and female officers are to be treated equally in granting permanent commission,” the court said. The Court was hearing the Indian Navy’s appeal challenging the 2015 verdict of the Delhi High Court that had allowed the grant of Permanent Commission for women in the Navy (Union of India & Ors.vs. Lt. Cdr. Annie Nagaraj & Ors etc. etc).The Centre had opened up the avenue for permanent commission for women officers in 2008. However, this decision was made be applicable only prospectively and excluded the then serving women officers. This was termed arbitrary by the High Court.(Image courtesy : DNA India)