A two-judge bench headed by Justice DY Chandrachud with Justice MR Shah held that the Army’s selective Annual Confidential Report (ACR) evaluation and late implementation of medical fitness Shape1 criterion discriminates against women officers.
Indian Army women officers. (Photo: IANS)
The Supreme Court on Thursday directed the Central Government to consider granting permanent commission (PC) to women army officers subject to disciplinary and vigilance clearance. The court pronounced the verdict while hearing petitions filed by around 80 women officers who were rejected for permanent commission in the Army and Navy.
“We allow these petitions with a number of directions. Officers will be considered for permanent commission subject to disciplinary and vigilance clearance,” the court said.
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The court said that the structures of ‘our society has been created by males for males’, and ‘equality will be farce’ if change does not occur. “We must recognise here that the structure of our society has been created by males, for males,” the apex court said.
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A two-judge bench headed by Justice DY Chandrachud with Justice MR Shah held that the Army’s selective Annual Confidential Report (ACR) evaluation and late implementation of medical fitness Shape1 criterion discriminates against women officers.
The top court said, “The pattern of evaluation causes economic and psychological harm to SSC (short service commission) women officers.”
The court added that women officers who brought laurels for country in different fields have been ignored.
“We find that those excelled in sports events were ignored, a detailed list of achievements by women has been given in the judgment… It looks like the Board was sitting for rejection rather than selection,” the top court added.
The top court asked the Army to consider the candidature of these women officers within a month in accordance with the directions issued by the court.
The Army said that the medical criteria had been applied by taking the age-related factors into account. The apex court observed that Shape-1 medical criteria cannot be applied to the women officers 10 years later and that women officers were given symbolic equality.
In a landmark judgment in February last year, the Supreme Court had directed that women officers in the Army be granted permanent commission at par with their male counterparts. The court had asserted that the government’s argument against it was ‘discriminatory,’ ‘disturbing,’ and based on stereotype. The court had said that the Permanent Commission (PC) would be available to all women irrespective of their years of service.
The Indian Air Force and Indian Navy have already granted PC to women officers and both have opened up some combat roles for women.
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