Gender equality in armed forces will set tempo for society to eliminate patriarchy: Justice Hima Kohli

Finding and recognising women role models within armed forces and acclaiming them publicly would go a long way in creating a more inclusive and equitable eco system for all the members of the armed forces, Supreme Court judge Justice Hima Kohli said on Saturday. .Such equality in armed forces will have a cascading effect and will set the tempo for society to follow suit and promote gender equality and eliminate patriarchy, she said.In this context, she chose to highlight the recent Supreme Court judgment that opened doors for permanent commission of women in armed forces."This decision of offering women permanent commission has opened up a whole new world of opportunities for young and aspiring women who are actively considering the option of pursuing a career in the armed forces. Now, they have an assurance that their careers need not be curtailed midstream but could blossom into a permanent commission, if they meet the benchmark," Justice Kohli said.The Indian armed forces is showcased as a profession that welcomes diversity and recognizes the contributions of all its members, regardless of their gender, she stated"This great leap towards equality in the armed forces, will have a cascading effect. It sets a tempo for the society to promote gender equality and eliminates patriarchal attitude towards women," she said. She was speaking at a seminar on the topic 'Evolution and Future of Military Jurisprudence – An Indian Army Perspective', organised by the Institute of Military Law at Manekshaw Auditorium in New Delhi..Justice Kohli emphasised that seeing women in positions of importance and at commanding posts itself would be signal to all young women in society that they could not only serve in the armed forces but also lead from the front."This will inspire the next generation of women to breakdown gender barriers. Women officers can now qualify for all commanding posts, which places them on an equal footing with their male counterparts," she said..She also stressed on the importance of rule of law particularly since the military justice dispensation system was summary in nature, she said that transparency and accountability ought to be doubly ensured. Rule of law, she opined, is the corner stone of any democratic society and is embedded in the principle that all individuals, however high and mighty they may be, must be subject to the law of the land and held accountable for their actions. "It ensures that no person can be subjected to punishment without following the due process of law. Rule of law is an essential component of the basic structure of the Constitution of India," she stated..Justice Kohli also stressed on the need for the Judge Advocate General (JAG) department to keep abreast of technological advancement. "From my experience over the past three years, I can assure you that virtual hearings and virtual court rooms have gone a long way in enabling access to justice from the remotest part of the country," she said. The Supreme Court judge also stated that this facility could be utilised for conducting court martials and summary trials where witnesses required to depose and would otherwise have to be physically summoned, can log in virtually from any part of the country and arguments could also be addressed. .It is critical to take a closer look at the manner in which evidence is marshalled by the investigating agencies at the pre-trial stage and during the course of the trial, Justice Kohli opined. "It is time to update oneself by harnessing technology to establish the authenticity of the evidence, sound tracing of source, proper chain of custody and forensic analysis.".For a more cost-effective and fast solution, she also highlighted the benefits of Alternate Dispute Resolution (ADR) mechanism."They have the potential to improve relationships between the parties involved by resolving conflicts in a cooperative and an amicable manner. ADR can also help in finding a solution that is acceptable to all the parties involved so that they go back satisfied with the thought of attaining a peaceful resolution, facilitated by a trained Mediator," she said.