In a recent groundbreaking judgment, the Supreme Court (SC) issued a directive to the Ministry of Defence, mandating the provision of permanent commissions to eligible women officers in the Indian Coast Guard. In a watershed moment, the Supreme Court (SC) recently issued a landmark judgment in the case of former permanent commissioned officer Lt. Selina John of the Military Nursing Service (MNS). Lt. John was discharged from service in 1988 due to marriage, citing the now-defunct Army Instruction No. 61 of 1977. The MNS, an integral component of the Armed Forces Medical Services (AFMS), plays a vital role in India’s medical infrastructure and international peacekeeping missions.
Background:
The quest for granting permanent commissions to women in the Indian Armed Forces has been a protracted legal battle, emblematic of the broader struggle against gender discrimination. Despite notable advancements in recent years, systemic biases and disparities persist within the military hierarchy. The recent SC verdict serves as a poignant reminder of the imperative to dismantle these barriers and uphold the principles of fairness and justice.
History of Permanent Commission for Women in Military:
| Case Name | Year | Summary of Judgment |
| Lt. Col. Nitisha v. Union of India | 2019 | Delhi High Court directed Indian Army to grant permanent commission to all eligible women officers, irrespective of years of service. |
| Union of India v. Lt. Col. Seema Singh | 2020 | Supreme Court upheld Delhi High Court’s decision, emphasizing equal opportunities for women officers in the armed forces. |
| Union of India v. Lt. Col. Anjali Bisht | 2021 | SC reaffirmed the need for gender inclusivity in the Indian Army and directed implementation of policy without delay. |
| Lt. Col. Preeti Yadav v. Union of India | 2022 | Delhi High Court reiterated the need for gender equality in armed forces and fair opportunities for women officers. |
Legal Battle and SC Verdict:
Lt. Selina John sought redress through the Armed Forces Tribunal, Regional Bench, Lucknow, contesting her dismissal, which was deemed “illegal” by the tribunal. Despite this, the Central government challenged the decision in the SC, leading to a protracted legal ordeal. However, on February 14, the SC dismissed the Centre’s appeal, ruling Lt. John’s termination as “wrong and illegal.” The court ordered the government to compensate her with Rs 60 lakhs within eight weeks.
SC’s Observations:
The SC’s ruling was a stern rebuke to the government’s reliance on a discriminatory rule prevalent during Lt. John’s discharge. The court condemned the rule, which terminated employment solely on the basis of marriage, as a glaring instance of gender bias and inequality. This rule, encapsulated in Army Instruction No. 61 of 1977, was subsequently revoked in 1995.
Evolution of Women’s Recruitment in Military Services:
The quest for gender equality in the Indian Armed Forces has been marked by gradual reforms and legal interventions. In 1992, women officers were first admitted into the Indian Army under the Women Special Entry Scheme (WSES), initially commissioned for five-year terms. Subsequent reforms, including the transition to the Short Service Commission (SSC) scheme in 2006, aimed to provide women officers with enhanced career prospects.
SC’s Advocacy for Women Officers:
The SC has played a pivotal role in championing the rights of women officers in the military. In the case of Secretary, Ministry of Defence vs. Babita Puniya (2020), the SC upheld the demands of women in the SSC, affirming their right to pursue Permanent Commissions and full-length careers. The court’s pronouncements underscored the imperative for societal and attitudinal changes to uphold the constitutional values of equality.
Government Argument and Article 33:
The government’s stance, often citing Article 33 of the Indian Constitution, emphasizes the Parliament’s authority to curtail or nullify certain rights of armed forces personnel in the interest of national security. However, the SC consistently underscores that such limitations must not encroach upon fundamental rights guaranteed by the Constitution, including the right to equality and non-discrimination.
Understanding MNC:
MNC, or Military Nursing Service, represents a specialized branch of the armed forces tasked with providing nursing care to military personnel and their families. Women officers serving in the MNC have historically faced discriminatory practices, including termination of service based on marriage, as dictated by antiquated rules and regulations.
The recent SC verdict and the ongoing legal evolution surrounding permanent commissions for women in the armed forces signify significant strides towards gender equality and inclusivity. However, the journey toward eradicating systemic discrimination and ensuring equitable opportunities for all remains an ongoing endeavor. Moving forward, it is imperative for the government and armed forces to enact comprehensive reforms, discard obsolete policies, and foster a culture of diversity and respect within military ranks. Only through concerted efforts and unwavering commitment can we truly realize the vision of equality and justice for women in the Indian Armed Forces.
Source- The Indian Express
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