Supreme court has delivered a judgement, upholding the 2013 verdict of the Delhi High Court, on Feb 17, 2020, asking the government to grant permanent commission to women in the Short Service Commission. SC asked to pass the notification regarding it in the time period of 3 months.
The women cadets are already being absorbed in the various branches of the armed forces, but they are denied the permanent commission. This was a clear violation of the equality and non-discrimination principle enshrined in the constitution of India. The supreme court has destroyed the stereotypes about the physiological features as represented by the government in its submission in the court which deny equal status to women who complete the same criteria as their male counterparts do.
The Supreme Court observed that, as long as there is the belief in the society that women are physically and psychologically weaker than their male counterparts, there will not be the change of mindsets. infact , the Supreme Court has turned the many contradictions that were embedded in the government’s arguments that weaken the case of the government. The inherent prejudices in the government’s submission were exposed by the Supreme court.
The government submitted that women officers are not advised to be deployed in the battle zone because they are not that strong and could prove as a liability rather than an asset.
The government submitted that the women officers can’t live in those areas as there are ‘ minimal facilities for habitat and sanitation’.
The government, although, accepted in the court that around 30% of the total women officers are deputed in the conflicted regions of the country. By telling this, the government has weakened its own argument that the women officers are not suitable to be deputed in the harsh terrain and conflicted zone areas.
Also Read :- Kejriwal 3.0 : Challenges of the Delhi government
The supreme court, by ordering the government to provide for the Permanent commission for women in the 10 branches of the SSC, has ensured a level playing field. The Supreme Court has also acknowledged the valiant roles played by women officers in the battle fields and in other conflicted situations, for the security of the nation.
Given the fact, that the Indian Army experiences a shortfall of officers by about 10,000 in the officer ranks, this discrimination happening with the ewomen officers in not allowing them for permanent commission is more annoying. It’s not that there is a surplus of women officers in the Indian Army. There are only 1653 women officers out of a total of 40,825 officers.
The Supreme court has recommended the government to correct the flaws in the matter of pensions due to women.
Also Read:- Samvidhan: The oxford 'Hindi word of year 2019
Though the Prime Minister announced, that permanent commission would be given to the serving women officers in the armed forces, on August 15, 2018 from the ramparts of Red Fort.
It is a telling state of affairs that after its announcement by the Prime Minister, it needed the Supreme Court to push the government into doing it.
The efforts of the litigants who filed the petition in 2003 in the High Court which gave the same judgement of giving permanent commission to women. But the government didn’t implement it and the litigants had to move to the Supreme court for their rights. The supreme court also upheld the high court judgement. The efforts of those litigants are plausible.
Now it’s up to the government, whether it would be able to implement the order given by the supreme court in the given 3 months period or not, given the inherent flaws in the executive structure.
Also Read :- Is everything really normal in Jammu and Kashmir?
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The women cadets are already being absorbed in the various branches of the armed forces, but they are denied the permanent commission. This was a clear violation of the equality and non-discrimination principle enshrined in the constitution of India. The supreme court has destroyed the stereotypes about the physiological features as represented by the government in its submission in the court which deny equal status to women who complete the same criteria as their male counterparts do.
The Supreme Court observed that, as long as there is the belief in the society that women are physically and psychologically weaker than their male counterparts, there will not be the change of mindsets. infact , the Supreme Court has turned the many contradictions that were embedded in the government’s arguments that weaken the case of the government. The inherent prejudices in the government’s submission were exposed by the Supreme court.
The government submitted that women officers are not advised to be deployed in the battle zone because they are not that strong and could prove as a liability rather than an asset.
The government submitted that the women officers can’t live in those areas as there are ‘ minimal facilities for habitat and sanitation’.
The government, although, accepted in the court that around 30% of the total women officers are deputed in the conflicted regions of the country. By telling this, the government has weakened its own argument that the women officers are not suitable to be deputed in the harsh terrain and conflicted zone areas.
Also Read :- Kejriwal 3.0 : Challenges of the Delhi government
The supreme court, by ordering the government to provide for the Permanent commission for women in the 10 branches of the SSC, has ensured a level playing field. The Supreme Court has also acknowledged the valiant roles played by women officers in the battle fields and in other conflicted situations, for the security of the nation.
Given the fact, that the Indian Army experiences a shortfall of officers by about 10,000 in the officer ranks, this discrimination happening with the ewomen officers in not allowing them for permanent commission is more annoying. It’s not that there is a surplus of women officers in the Indian Army. There are only 1653 women officers out of a total of 40,825 officers.
The Supreme court has recommended the government to correct the flaws in the matter of pensions due to women.
Also Read:- Samvidhan: The oxford 'Hindi word of year 2019
Though the Prime Minister announced, that permanent commission would be given to the serving women officers in the armed forces, on August 15, 2018 from the ramparts of Red Fort.
It is a telling state of affairs that after its announcement by the Prime Minister, it needed the Supreme Court to push the government into doing it.
The efforts of the litigants who filed the petition in 2003 in the High Court which gave the same judgement of giving permanent commission to women. But the government didn’t implement it and the litigants had to move to the Supreme court for their rights. The supreme court also upheld the high court judgement. The efforts of those litigants are plausible.
Now it’s up to the government, whether it would be able to implement the order given by the supreme court in the given 3 months period or not, given the inherent flaws in the executive structure.
Also Read :- Is everything really normal in Jammu and Kashmir?
source link
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