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Updated August 2nd, 2021 at 15:06 IST

SC orders Centre to grant permanent commission to women in Forces; refuses to re-examine

Rapping the Centre over non-implementation of the permanent commission for women in Armed forces, Supreme Court on Monday, told it to implement as it stands

permanent commission for women
IMAGE: PTI | Image:self
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Rapping the Centre over non-implementation of the permanent commission for women in Armed forces, Supreme Court on Monday, told the government to implement its judgment as it stands. Accusing the Centre of attempting to go around the judgment, Justice DY Chandrachud refused to entertain Miscellaneous Applications seeking clarification on the issue. Suggesting the Centre to file review if aggrieved, the SC-bench allowed the Centre to approach Armed Forces Tribunals (AFT) for relief.

SC raps Centre over not implementing permanent commission for women

"You implement the judgment as it stands. There is an attempt on the part of your client to go around the judgment. Once we have delivered a judgment on broad parameters, we cannot examine individual cases. You go to Tribunals for individual grievances. You file review, if aggrieved," said Justice Chandrachud. The SC also ordered the AFTs to decide on these matters expeditiously and refused to give interim protection in any such case.

Recently in July, the Army granted Permanent Commission to 147 additional women officers after the SC criticised it over non-implementation of its order. In March, the SC had rapped the Army for systematically discriminating against women by revising parameters for granting permanent commission to women short service commission officers, urging it to review several rejections. In response, the Army stated, "147 more women officers are being granted PC, taking the total PC granted to 424 out of the 615 officers considered”.

SC orders Centre to set up Army women's commission

In February 2020, the Supreme Court bench headed by Justice Chandrachud upheld the Delhi High Court's verdict stating that it was an obligation of the Centre to set up the permanent commission for women in the armed forces in all areas but combat positions. It added that by not doing so is a violation of the court's orders. It also set a deadline of 3 months to set up the commission.

The Supreme Court in its order also observed that there was a requirement for a change of mindset when it came to 'gender stereotypes' adding 'Centre’s reply disturbing' while perpetuating sex stereotypes. "It is an insult to women as well as the army when aspersions are cast on women, their ability and their achievements in the army," read the SC's order.

In its petition, the Centre had pointed out to several issues, including "physical prowess” and “physiological limitations” as challenges for women officers to meet the exigencies of service in the Army. It also stated that in times of war, women in command would be hard hit when they would be taken as prisoners of war and hence they needed to be kept away from positions of command. Moreover, the Centre argued that most men in the army are brought in from rural areas and such men would not be willing to take orders from women in dominant positions.

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Published August 2nd, 2021 at 15:06 IST

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