The Centre on Monday in the Supreme Court said clear no to giving permanent commission to women officers of Indian Army in “combat” and other tough services but yielded to give the benefit to them with retrospective effect in the judicial and education service.
Solicitor-general Gopal Subramaniam said the Army Act and rules framed under it did not permit permanent commission (PC) to women officer in “combat” and other services having equally tough duty and command operations, but by 2008 notification it was already permitted in Judge Advocate General (JAG) wing and Army Education Core (AEC).
The only concession the government made was that it furnished an undertaking before the court that the 2008 notification, which had only prospective application, would also apply with the retrospective effect, benefiting nearly 40 women officers, who were facing the prospects of being eased out after completion of their short service commission.
Some 20 such officers were posted with the JAG and almost equal number might be with the AEC, petitioner officers’ counsel Rekha Palli said.
Ms Palli said “we still consider it a great victory and gradually hope that we will succeed in opening the other frontiers also for the lady officers as government agreeing to give the benefit in the two services from retrospective effect showed that some change has been made in the traditional mind set of the Army brass.”
To a specific query by a bench of Justices J.M. Panchal and Gyan Sudha Misra, the only woman judge in the apex court considered quite alive to the gender issues, the SG said “so far not a single lady officer had been put on combat duty”.
At one point the bench asked the SG “why do you give the women the short service commission at all if you don’t find them eligible for combat duty?” It also pointed out that when women had been allowed PC in Air Force, why the same was being denied to them in the Army.
Mr Subramaniam explained the provision of the Army Act’s section 12, which clearly prohibits recruitment of women for combat operations and also putting them in the “command” position in any other harsher service of the Army.
The top court adjourned the hearing giving the Army two months time to adjust the retiring woman officers in appropriate positions in the JAG and AEC services.