SC begins hearing pleas of women Army officers denied permanent commissions

The SC began hearing pleas of women Army officers of the Short Service Commission who claimed being denied permanent commissions (PC) as a result of discrimination from their male counterparts.
SC begins hearing pleas
Supreme Court on women Army officers' permanent commissions
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New Delhi | The Supreme Court on Wednesday began hearing pleas of women Army officers of the Short Service Commission who claimed being denied permanent commissions (PC) as a result of discrimination from their male counterparts.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh began hearing the petitions filed by two batches of officers – serving and those released from service.

The top court said after the batch of Army officers, it would hear pleas of Naval officers, followed by officers in the Airforce, who are also challenging the denial of the PC to them.

Senior advocates Huzefa Ahmadi, Menaka Guruswamy and V Mohana and other lawyers represented SSC woman officers, who contended there was systematic discrimination in not granting them the PC.

The women officers contended that there was casual grading of their annual confidential reports (ACRs) and denial of equal opportunities as compared to their male counterparts.

The bench proposed uniform guidelines in granting the permanent commission but pointed out factors such as specialised training to be kept in mind.

It also posed questions to the officers on what according to them should be the basis for assessment for permanent commission.

The top court was hearing a batch of more than 75 petitions challenging denial of permanent commission to them on various grounds.

The hearing remained inconclusive and would continue on August 7.

The top court said interim orders passed earlier would remain in force by which the Centre was restrained from releasing the officers from service till adjudication of their pleas.

On May 9, the top court asked the Centre not to release from service SSC women Army officers challenging the denial of permanent commission to them asking not to "bring their morale down" in "the prevailing situation".

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, has contended that it was an administrative decision based on a policy to keep the armed forces young.

Guruswamy, appearing for colonel Geeta Sharma has earlier referred to the case of Colonel Sofia Qureshi, one of the two women officers who had briefed the media on the Operation Sindoor on May 7 and 8.

The officers have relied upon the 2020 verdict of the apex court by which the Army was directed to grant them permanent commission.

In its February 17, 2020, the top court said absolute exclusion of women from all positions, except staff assignments, in the Army was indefensible and their blanket non-consideration for command appointments without any justification couldn't be sustained in law.

The apex court, which allowed permanent commission (PC) to women officers in the Army, said an absolute prohibition of women Short Service Commission officers to obtain anything but staff appointments evidently did not fulfil the purpose of granting PC as a means of career advancement in the Army.

The top court also referred to the distinctions achieved by women officers, and put out an example of Col Qureshi's achievements.

Since the 2020 verdict, the top court has passed several orders on the issue of permanent commission to women officers in the Armed Forces and similar orders were passed in the case of Navy, Indian Air Force and Coast Guard.

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