The Supreme Court on Monday questioned the Centre’s dual stance on permanent commission to the women officers in the defence forces, saying when it has been allowed in the Indian Air Force why should there be a problem in permitting the same in the Army.
Not convinced with the arguments of Additional Solicitor General Prag Tripathi that the situation in the IAF and Army could not be equated on this vital issue, a bench of Justices J.M. Panchal and Gyan Sudha Misra directed the government to place on record August 1992 notification on “Army Instruction Rule-15” to show whether it puts a clear ban on granting permanent commission to the women Army officers.
The apex court was also not convinced with ASG’s contention that it was a “policy decision” of the government. “This is a discrimination, can you say this discrimination can’t be challenged?” the bench asked while giving the ministry of defence (MoD) time till August 2 to produce the 1992 notification.
The ASG stated that the risk of women Army officers being captured by the enemy as prisoners of war (POW) was also a major factor not to put them in the position of Army Commandant, which is an officer of the rank of Colonel.
The apex court was hearing government’s appeal against the Delhi high court judgement granting permanent commission to the woman Army officers selected through the short service commission scheme, which allowed them a maximum service of 10 years and in exceptional cases up to 14 years. After going through the court judgement, the bench raised doubt over government’s stand, saying it seemed that the issue of rule 15 was not taken up properly in the court.