The Supreme Court has directed the Indian Army to frame a policy regarding the promotion of women officers, who were granted permanent commission following the previous judgements of the Apex Court.
The order was passed by the Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra on a batch of applications filed by women officers seeking promotion from the rank of Lt. Colonel to Brigadier in the Indian Army.
The petitioners alleged that some of the criteria adopted by the Indian Army was discriminatory in nature.
Appearing for the Union government, Attorney General for India R Venkataramani apprised the Apex Court that deliberations were going on in the Army Headquarters for formulating an appropriate policy on career progression for women officers to facilitate their consideration by No 2 Selection Board.
The Apex Court recorded in it’s order that it expected formulation of the policy by March 31, 2024. It then directed the AG to file an affidavit in the matter.
On February 17, 2020, the Apex Court had held as ‘discriminatory,’ the absolute exclusion of women officers from Permanent Commission in the Indian Army (Secretary Ministry of Defence vs Babita Puniya).
On March 25, 2021, the Apex Court held that the manner in which women Short Service Commission (SSC) officers were granted Permanent Commission constituted indirect and systemic discrimination (Lt. Colonel Nitisha and Ors v. Union of India).
Despite the two landmark verdicts, women officers in the Army have moved the Apex Court seeking gender equality in promotions.
Advocate Archana Pathak Dave, appearing for one of the petitioners, highlighted key concerns of women officers from the 1992-2006 batches.
The Counsel said the grievance of the applicants was essentially two-fold, firstly with regards to the marking done under ‘quantified parameters’ and secondly the absence of financial benefits and pay fixation at par with their male counterparts on attaining the same rank in Permanent Commission.
She apprised the Apex Court about the disparity in pay for women officers now holding the same rank as their male counterparts despite earning seniority after being promoted to PC.
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