Permanent Commission for Women in Navy about gender equality in true spirit, Naval Commander Seema Chaudhary tells Supreme Court

The Supreme Court recently concluded hearings in the Indian Navy’s appeal challenging the 2015 verdict of the Delhi High Court that had allowed the grant of Permanent Commission for women in the Navy ( Union of India & Ors.vs. Lt. Cdr. Annie Nagaraj & Ors etc. etc )..

. Written submissions made in the matter by Commander Seema Chaudhary emphasise that the grant of Permanent Commission to woman Naval Officers is " not a welfare measure" sought by women officers. Rather,

. "The issue is about allowing Women, who are competent and capable, equal opportunity in Nation Building Roles. Indian Armed Forces are amongst the most respected Armed Forces in the World and women officers should be allowed a fair chance to serve as proud officers, in service to the nation. It is about being fair, just and reasonable and allowing the gender equality in true spirit and purport." . Commander Seema Chaudhary was commissioned in the Indian Navy on August 6, 2007 in JAG Branch and is the only SSC JAG Branch Officer in the Navy.

. She has argued that the grounds taken by the Union of India, in not complying with the Delhi High Court verdict, are not just discriminatory and contrary to Constitutional guarantees, but also displays the age-old stereotypical and mindset issues.

. The Centre's stand has been termed by Chaudhary as flimsy, farcical and completely disconnected from the Government's ostensible objectives. Further, it is submitted,

. "... these apparent reasons (by the Government) are also misconceived, farfetched and in complete disregard to the distinguished and exemplary role played by the women in Indian Navy since 1991, which persuaded the Navy itself to give them the option of Permanent Commission in 2008 and progressively more significant role in more streams of Indian Navy." Seema Chaudhary . Chaudhary also contests claims by the Indian Navy had falsely that the transition from Short Service Commission to Permanent Commission was not available even to Gentlemen Officers prior to the Policy of 2008.

. "Gentlemen Officers have always had all opportunities to apply and get selected for Permanent Commission without any gender based discriminations or irrational discriminations from the very beginning. In other words, all avenues of Permanent Commission have always been opened to the Gentlemen Officers in the Indian Navy", Chaudhary has submitted.

. The submissions also drew similarities between the issues faced by women officers of the Indian Navy and women officers in the Indian Army.

. It is pointed out that recently, the Supreme Court ruled in favour of granting permanent commission to women in the Army.

.Change mindset to bring true equality in Army: SC holds Permanent Commission should be available to all women officers. While this is the case, Chaudhary has asserted that the dispute over grant of permanent commission to women naval officers and women in the army are similar at least on two counts , i.e.

In both cases, the Government had attempted to make the grant of Permanent Commission (on limited terms) prospective so as to exclude women serving in the armed forces/navy beyond a certain period of time. However, it is highlighted that the Supreme Court struck down such exclusion of serving women in grant of Permanent Commission in the Army. It is now urged that similar directions be given to women Naval officers.

Whereas the shade of reasons given are "slightly different", the arguments by the Government to advocating against the grant of Permanent Commission in the Army an the Navy "bear and uncanny resemblance" in their stereotypical approach. It is added that, " These misconceived reasons are being masqueraded as organizational issues to scuttle and deny the right of rationality, equality and equal opportunities and deserve to be rejected completely and outrightly, in the same manner."

. Chaudhary goes on to highlight that,

. .... classifications based on gender have traditionally been the touchstone for pervasive and often subtle discrimination and any State law that overtly or covertly, is designed to prefer males over females in public employment, would require an exceedingly persuasive justification to withstand a Constitutional challenge... Commander Seema Chaudhary . It is pointed out that such discrimination would not withstand against Constitutional guarantees, where women are entitled to not just fairness on equal footing but also affirmative and positive action in favour of women in the background of centuries of discrimination.

. Chaudhary has also relied on various articles, landmark judgements and details of foreign countries which have allowed women to serve in Command to assert that " the problem lies with the mindset. "

. Allowing distinguished women to hold Command positions and even their recruitment in combat roles, does not actually impact operational effectiveness of the armed forces. Seema Chaudhary . In view of these submissions, the Supreme Court has been urged, " to grant Permanent Commission to the Women Officers who have been serving since prior to 2008, without any discrimination and fetters, on the basis of their demonstrated service record, their suitability as already assessed and affirmed at the time of their considerations for extensions and also during their long standing service and experience ."

. The petition has been filed by Advocate Archana Pathak Dave and settled by Senior Counsel Aishwarya Bhati .

. [Read the Written Submissions]