A SUPERFICIAL SENSE OF EQUALITY IS NOT THE TRUE SPIRIT OF THE CONSTITUTION - SC ORDERING PERMANENT COMMISSION TO WOMEN OFFICERS

25th March 2021

The SC on Thursday allowed pleas of 80 women short service commission (SSC) seeking Permanent Commission (PC) in the Army and to initiate proceedings against those who failed to comply with SCs, Babita Puniya case judgement. The Hon'ble Court directed the Indian Army and Indian Navy to grant PC to eligible SSC, who were excluded on the ground of fitness.

The Court noted that Shape 1 criteria (fitness standards) applied to male officers at an early stage of service at the time of granting PC. However, the same rule to women would be arbitrary as the SC granted PC only last year in the landmark judgment of Babita Punya and, therefore, senior in age. The Hon'ble Court termed the Annual confidential report evaluation as arbitrary and irrational. The court further held that the criteria for granting PC to women completely ignore the achievement and laurels brought by them.

While pronouncing the judgment, Justice Chandrachud said that a career in the Army comes with a serious set of trials and is infinitely more difficult when society relegates functions of domestic labour, caregiving, and child care exclusively on the shoulders of women. The WSSCOs have not only dedicated their lives to the service of the Army. Still, they are women who have persevered through difficult conditions as they trudged along with lengthy litigation to avail themselves the simplest of equality with their male counterparts.

It is not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces when the true picture of their service condit

ions tells a different story. A superficial sense of equality is not in the true spirit of the Constitution and attempts to make equality only symbolic.

Author: Papiha Ghoshal