Context:
Recently, the Supreme Court (SC) has directed the Ministry of Defence to pay Rs 60 lakh in compensation to a former permanent commissioned officer in the Military Nursing Service (MNS). It is ruled that the officer was “wrongly” released from service in 1988 on grounds of her marriage.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Key Facts of the Case: Challenging Wrongful Release
- Policy Framework for Recruiting Women Military Officers
- Supreme Court’s Support for Women Officers in Armed Forces
- Significance of Increasing Women’s Representation in the Armed Forces
Key Facts of the Case: Challenging Wrongful Release
Background:
- Former permanent commissioned officer in the Military Nursing Service (MNS) faced release in 1988 based on marriage grounds, in accordance with Army Instruction No. 61 of 1977. This instruction governed MNS terms and conditions but was later withdrawn in 1995.
Termination Grounds:
- Clause 11 of the instruction outlined grounds for termination, including marriage, misconduct, breach of contract, or unsatisfactory service.
Legal Recourse:
- In 2016, seeking justice, she approached the Armed Forces Tribunal (AFT), which deemed her termination illegal and directed her reinstatement with back wages.
Central Government’s Challenge:
- The Central government contested the AFT ruling, leading to the case ‘Union of India & Others vs. Ex. Lt. Selina John’ in the Supreme Court.
Supreme Court’s Observations:
- The SC declared her release as “wrong and illegal,” rejecting the Centre’s argument based on the rule in force at the time.
- The court criticized the rule as manifestly arbitrary, highlighting that terminating employment due to marriage represents a clear case of gender discrimination and inequality.
Policy Framework for Recruiting Women Military Officers
- Introduction of Women Special Entry Scheme (WSES) – 1992:
- Women officers were first inducted into the Indian Army through WSES in 1992.
- WSES Service Terms:
- Under WSES, women officers served for five-year periods.
- They served in specific streams, including the Army Education Corps and the Corps of Engineers.
- Restrictions on Roles:
- Despite entry, restrictions were imposed on certain roles, such as infantry and armored corps.
- Transition to Short Service Commission (SSC) – 2006:
- In 2006, WSES was replaced by the Short Service Commission scheme.
- SSC Option for Women Officers:
- The new scheme allowed women officers the option to switch from WSES to SSC.
- SSC Terms for Men:
- Men under SSC were commissioned for ten years initially, with the option to extend up to fourteen years.
- Men in SSC had the choice to opt for a Permanent Commission (PC).
Supreme Court’s Support for Women Officers in Armed Forces
Union of India v. Lt Cdr Annie Nagaraja Case, 2015:
- In 2015, seventeen women officers filed writ petitions before the Delhi High Court.
- These officers, who served as Short Service Commissioned (SSC) officers in various cadres, completed fourteen years of service but were not considered for Permanent Commissions (PCs).
- In 2020, the SC ruled that women SSC Officers in the Indian Navy were entitled to PC at par with their male counterparts.
Secretary, Ministry of Defence vs. Babita Puniya Case, 2020:
- In February 2020, the SC upheld the demands of women in the SSC, justifying their pursuit of PC or a full-length career.
- Before this ruling, only male officers on SSC could opt for PC after 10 years, leaving women without government pension eligibility.
- The decision brought women officers in 10 Army streams at par with men.
Government’s Arguments:
- The Centre argued that the issue was a matter of policy, citing Article 33 of the Constitution, allowing restrictions on fundamental rights for the armed forces.
- Arguments included the perceived dangers of army service, including privacy issues, maternity concerns, and childcare challenges.
- The case was first filed in 2003, and Permanent Commissions for women officers in all branches were awarded by the Delhi HC in 2010.
Post-2020 Ruling:
- The Army constituted the Number 5 Selection Board post-2020, instructing the induction of all eligible female officers as PC officers.
- Effective from September 2020, the board, led by a senior general officer, includes a woman officer of the rank of brigadier.
- Women officers meeting screening criteria will be granted PC status, contingent on an acceptable medical category.
Permanent Commission for Women in Indian Coast Guard:
- In Priyanka Tyagi v. Union of India Case, 2024, the SC emphasized the need for the Central government to ensure eligible women officers receive permanent commissions in the Indian Coast Guard.
- The Attorney General cited operational challenges, but the Court dismissed these arguments in 2024.
- The SC urged the Centre to develop a gender-neutral policy, highlighting the ongoing struggle for gender equality and the need for proactive measures in all societal spheres, including the armed forces.
Significance of Increasing Women’s Representation in the Armed Forces
Gender Neutrality in Qualifications:
- Qualification, not gender, should determine suitability for military roles.
- In the modern battlefield, technical expertise and decision-making skills surpass physical strength.
Strengthening Military Force:
- Increasing gender diversity addresses falling retention and recruitment rates.
- A mixed-gender force contributes to a stronger military.
Optimal Personnel Selection:
- Blanket restrictions limit commanders’ ability to choose the most capable person for a role.
- Allowing women in combat roles ensures optimal personnel selection.
Training for Integration:
- Training is essential for seamless integration of women into combat units.
- Cultural shifts over time, including the evolution of the masculine subculture.
Global Trends:
- The US allowed women in combat positions in 2013, signaling progress towards gender equality.
- In 2018, the UK military lifted a ban on women serving in close combat ground roles, expanding opportunities, including elite special forces service.
-Source: Indian Express
