What is the Supreme Court's decision on granting Permanent Commission for Women Officers in the Indian Army

In its landmark decision towards gender equality in the country's defense force, the Supreme Court has upheld the Delhi High Court’s decision of granting permanent commission status and commanding position for women in the force. They are eligible for commanding position in all services except the combat unit.

The SC bench headed by the Justice D.Y. Chandrachud and Justice Ajay Rastogi has outrightly rejected the Government’s appeal against giving the permanent commission & commanding position to the lady officers & upheld the Delhi High Court’s decision. According to the government, male officers and jawans are not mentally prepared to work under lady officer and they think they are not psychologically strong to cope up with the pressure situation.

While passing the judgment, bench clearly termed the Government’s appeal as a “sex-stereotype” and directed to follow the Delhi High Court’s decision and implement it within 3 months.

Open for all services but not for Combat service

As per the SC ruling, all lady officers in the force are eligible for equal benefits as their male counterparts irrespective of the years of service. But, no women in combat unit remained unchallenged in the SC. Further, the bench has not indicted any space for it further.

While delivering the decision, the SC bench stated "every country's Defense force has its own way of a work procedure and ethos"

The SC bench has excluded women officers from combat operations and is also not the subject to touch in present as well as future appeals.

Final stamp after 10 years

On March 12, 2010, the Government has challenged the Delhi Hiigh court's decision of granting Short Service Commission women officers permanent commission and also command status in all services. But, this decision originally excluded the combat service. After so long struggle by the SSC women officers' final decision has come in favor, which must be followed by both the Government and Army's High Command. 

What this decision allows:

• All Short Service Commissioned women officers are entitled to opt for permanent commission
• This applies to all services in the Force
• Command position is now open to women officers
• Women officers with 14 years or above service can serve 20 years with full pensionary benefits
• Women officers with 20 years above service are entitled to pension

 What this decision does not allow:

• This decision is not applicable to combat service
• This does not make Permanent commission mandatory for the lady officers. Government and Army will decide who will be given the permanent commission
• It is not the mandatory right to take command positions
• Command position, if given, shall be confined to the non-combat services
• This order does not amount to affirmative action or reservation of jobs but promises equality between men and women

Note: Decisions taken by the Government and Army should be not arbitrary in nature. In fact, a proper explanation should be given. 

 Services that Indian Army allows women to join in:

• Judge Advocate General's Branch
• Medical & Nursing Branch
• Army Education Core
• Signals Corps
• Corps of Engineers
• Army Air Defence
• Army Aviation Core
• Electrical and Mechanical Engineers (EME)
• Army Service Core (ASC)
• Army Ordnance Core
• Intelligence Core