"Indian Army has not granted permanent commission to 50% of women applicants:" Plea in Supreme Court accuses Centre of arbitrariness

The Supreme Court, on Wednesday, sought the Central government's response in a plea by 17 women officers from Indian Army alleging that the Army has not granted permanent commission (PC) to "even 50 percent of women officers" despite a Supreme Court judgment regarding the same.

. The application drawn by advocate Chitrangda Rastravara and filed through advocate Archana Pathak Dave assailed the arbitrary criterion adopted by PC board to deny benefit to deserving women candidates and has contended that the exercise of granting PC has been carried out "more in optics that in substance".

. A Bench headed by Justice DY Chandrachud today asked the Centre to prepare a chart giving details of the status of each of the applicants and listed the case for further consideration in December.

.Permanent Commission for Women in Army: Centre seeks six months for implementation, Supreme Court gives one month. The Supreme Court had, on February 17, 2020 delivered a landmark verdict extending PC to Women Short Service Commission Officers at par with their male counterparts.

The Centre had taken extension of time for implementation of the judgment from time to time due to Covid-19 situation.

. Interestingly, Justice DY Chandrachud, while hearing an unrelated case recently, had remarked that it was satisfying to have 422 women getting permanent commission pursuant to the February verdict.

. The application filed by women officers, however, stated that though the total number of officers declared fit by Army for PC out of 615 is 422 but the same is "highly fallacious and misleading."

. "The figure 422 does not only include those officers who are granted PC but is inclusive of officers found fit but non-optee for PC which is 57, officers in temporary low medical categories being granted granted time for stabilisation of medical category which is 42, officers whose result are being withheld due to non-receipt of requisite medical documents which is 6, and officers whose result are being withheld due to administrative grounds which is 40," the plea read. . Thus, the actual number of officers who were granted PC out of 615 women officers was 277 (422=277+57+42+6+40).

The figure of 422 is reached after taking into account several categories and it clearly reflects that Army has not granted PC to even 50% of the total number of women officers distributed in 31 batches who were considered for the same, the application stated.

. This aspect was highlighted by petitioners' counsel, Senior Advocate Meenakshi Arora who submitted on Wednesday that only 277 officers have been granted PC.

" Our list shows highly decorated officers who have been part of Operation Rakshak etc have now been not granted permanent commission," she said.

. "The grant of PC has rendered itself to be yet another instance of lip-service, adding to the long unfortunate chain of symbolic and pyrrhic victories," the petitioners submitted in their application placing reliance on the recent declassification of permanent commission board.

.Permanent Commission for Women in Navy about gender equality in true spirit, Naval Commander Seema Chaudhary tells Supreme Court. The de-classification of the result of SB 5 board or Permanent Commission board, which was conducted from September 14 to 25, 2020, was assailed by the petitioners for denying PC to "scores of extremely meritorious and outstanding women officers based on unknown, undisclosed and surreptitious parameters".

It was submitted that the parameters were in deviation from the settled norms as applied to gentlemen officers while granting them PC and smacked of "gross arbitrariness".

. Highly decorated officers who have been part of Operation Rakshak etc have now been not granted permanent commission Senior Advocate Meenakshi Arora ."This was a battle for parity", Aishwarya Bhati on SC judgment on permanent commission for women in Army [Watch Video]. It was the case of the applicants that the SB 5 results suffered from grave infirmities, serious anomalies and "raises more questions than it answers".

The applicants specifically pointed out some fundamental pre-cursors were mandatory to be completed, before the exercise of SB 5 could be undertaken including but not limited to identification and declaration of year wise/ batch wise/ course wise/ service/arm wise vacancies, covering the entire period of over a decade, that is after the passing of the judgement by Delhi High Court dated 10.03.2010.

. However, delay in conducting this exercise, it has been submitted, is "solely attributed to the Army authorities and the same cannot become an impediment for the women officers who have fought this battle for over 15 years."

. "Exercise of holding SB 5 Board for the women officers undertaken from 14th to 25th September 2020 and its declassification on 19.11.2020 suggests that the Army authorities have not taken into consideration the existing record of women officers, which entitled them for extension in service in their 5th and 10th year, but has arbitrarily denied Permanent Commission at this stage," the application contended. . Senior Counsel PS Patwalia appearing for the applicants submitted that the "declassified results were problematic.

" My client who has completed 20 years has not been granted PC. She will be relieved by next date. No one has told us why PC was not granted," he said.

. On the aspect of gender disparity, the application it was submitted that if a comparison is drawn between the results of women officers with their male counterparts then, roughly 90 percent of the total male optees for PC in a particular batch is granted permanent commission.

. "This attitude of the Army reflects that the evaluation and assessment of the women officers for the grant of PC has been conducted in a prejudicial manner," stated the plea.

.Breaking the Glass Ceiling: Constitutional Feminism and the Permanent Commission for Women judgment. The applicants prayed for interim directions to the Centre to stay the release from service of those women officers, who have opted for PC, but have been denied the same arbitrarily.

. Grant of PC has rendered itself to be yet another instance of lip-service Petitioners . Additional Solicitor General Sanjay Jain said that the process of selection was over and results declared and, therefore, asked for time to file response.

"We will respond to all the 17 persons before your court individually. Out of 17, 9 have not been approved for permanent commission. We will deal with all cases separately," Jain said.

. The Court, therefore, acceded to the ASG's request for time while requesting the government not to take any precipitative action.

. The Supreme Court had, on February 17, 2020 delivered a landmark verdict extending PC to Women Short Service Commission Officers at par with their male counterparts.

The Centre had taken extension of time for implementation of the judgment from time to time due to Covid-19 situation.

. Interestingly, Justice DY Chandrachud had recently made an observation during an unrelated case about how it was satisfying to have 422 women getting permanent commission.

. (Read order)

"Indian Army has not granted permanent commission to 50% of women applicants:" Plea in Supreme Court accuses Centre of arbitrariness

Debayan Roy

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