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Recently, the Supreme Court (SC) has highlighted that the Army’s evaluation criteria for granting Permanent Commission (PC) to women Short Service Officers (SSO) have systematically discriminated against them.
Background
- In February 2020, in the Secretary, Ministry of Defence versus Babita Puniya case, the SC had directed the government to ensure that women SSOs are given a permanent commission in the Army, including command postings.
- It dismissed the views that women are physiologically weaker than men as a “sex stereotype”.
- In October 2020, the SC expressed annoyance at the hurdles faced by women officers on the way to permanent commission, promotion and consequential benefits.
- It ordered the central government to grant PC to women officers in the Army’s non-combat support units on par with their male counterparts.
- Women Army officers, who were rejected for permanent commission, filed a plea pointing out flaws in the criteria adopted by the Army.
- They claimed that 615 women officers of the Short Service Commission (SSC) were eligible for PC, but only 277 made it to the final list.
SC’s Stand
- The evaluation criteria set by the Army constitutes systemic discrimination against the petitioners and disproportionately affects women and is arbitrary and irrational.
- It added that the methodology adopted for evaluation of their Annual Confidential Reports (ACRs) and the rigorous medical standard at an advanced stage of women’s careers disproportionately impacts them.
- It also directed the government for a review of the method of evaluation of ACRs.
- It causes economic and psychological harms and an affront to women’s dignity.
- It has urged the government to provide relief to women who served as officers in the SSC of the defence forces without dragging them into litigation before the Armed Forces Tribunal (AFT).
- On the medical criteria, the court said it should only be seen if their fitness levels in their fifth or tenth year of service met the requisite standards.
- It ruled that those who were rejected on medical grounds shall be reconsidered within a month and that orders for the grant of PC be issued within two months.
- Officers must be considered for PC subject to disciplinary and vigilance clearance.
Women’s Entry in Armed Forces
Permanent Commission for Women
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Source: IE
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