The Supreme Court has delivered a landmark verdict regarding women officers serving in the Indian Army under the Short Service Commission. Acknowledging the systemic discrimination faced by women within the Army, the Court exercised its extraordinary constitutional powers under Article 142. The Court ruled in favor of those women who had been denied Permanent Commissions.
According to the Supreme Court, those women officers who had challenged their release from service in court shall be deemed entitled to a pension equivalent to that granted for 20 years of service. Furthermore, the Supreme Court clarified that these women were denied Permanent Commissions due to systemic discrimination against them within the Army.
No Male Monopoly in the Army
While making its observations, the Court stated that the Army cannot be the exclusive monopoly of men. The Justices clarified that male officers cannot expect all future vacancies to be reserved solely for them. According to the Court, a lack of opportunities and instances of wrongful disqualification have adversely impacted the professional competence and career progression of women officers.
To Whom Does This Order Apply?
This verdict serves as a one-time remedial measure for those women officers who were released from service while their legal battle was ongoing. It is pertinent to note that this order does not apply to women officers belonging to the JAG (Judge Advocate General) and AEC (Army Education Corps) cadres. Additionally, the Court has directed a review of selection procedures and cut-off criteria to ensure fairness in the future.
What is the Case?
The dispute arose when several women officers—including those who had participated in ‘Operation Sindoor’—approached the Supreme Court. They alleged that, despite previous explicit directives from the Supreme Court, the Central Government and the Army were engaging in discriminatory practices against them compared to their male counterparts regarding the grant of Permanent Commissions. It was while hearing this very petition that the Apex Court delivered this significant verdict.