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The Supreme Court has granted the Indian Army a four-month extension to finalize its policy concerning the promotion of women officers from the rank of colonel to brigadier. This decision comes after allegations of discrimination in promotions were raised by some women officers.
Court's Past Verdicts
In a significant February 2020 ruling, the apex court mandated permanent commission for women officers in the Army, rejecting the argument of "physiological limitations" as discriminatory. The Court emphasized that all women Short Service Commission officers should be considered for permanent commission, regardless of their years of service, within a three-month window.
Similar directives were extended to the Navy in March 2020 to establish a fair field for women officers, aiming to eliminate historical discrimination.
The Attorney General highlighted that meeting essential eligibility criteria, including a minimum of 2 confidential reports in Colonel Select rank and commanding a unit or battalion for nearly two years, is crucial for a promotion to the rank of brigadier. He stressed that any deviation might compromise the Army's operational requirements.
Army's Gender-Neutral Policy
Represented by advocate Archana Pathak Dave, the applicant officers stated that women officers fought a prolonged legal battle to attain their rightful positions. They emphasized the need for a policy governing promotions through special board 3 (SB-3).
However, the Attorney General defended the Army's policies, labeling them as "gender-neutral" and cautioned against pushing the matter further. He mentioned that most women officers did not meet the eligibility criteria for brigadier rank with command positions awarded to them only recently.
Court's Critique and Push for Equality
The bench emphasized that the Court's intervention prompted progress in enabling women's roles within the Army. It highlighted the resistance faced from the Army, stating that the operational efficiency wasn't compromised by including women officers.
The Supreme Court expressed disappointment over the Army's persistent efforts to deny promotions to women officers and stressed the need to provide them with their just entitlements under the law.
The Court's active involvement continues as the Special Board responsible for empaneling officers as colonels did not convene for 18 months, despite previous directives to grant consequential benefits to women officers within a specified timeframe.