Women Getting Equal Rights In The Indian Army

INTRODUCTION

“To cast aspersion on their abilities on the ground of gender is an affront not only to their dignity as women but to the dignity of the members of the Indian Army, men, and women, who serve as equal citizens in a common mission.”- A bench of Justices D Y Chandrachud and Ajay Rastogi.

The bench stated that raising the question on the dignity of women will automatically raise the question of the dignity of members of the Indian Army.

Recently the Supreme Court has given a judgment on Gender Equality in armed forces. With this justice, D Y Chandrachud criticizes the arguments made by the center stating that “the physiological feature and domestic obligation of women was the reason for denying command appointments.” Removing this gender stereotype argument bench comprising of Justice D Y Chandrachud and Justice Ajay Rastogi on 17 February 2020 deliver the landmark judgment in the case of Secretary, Ministry of Defence v. Babita Puniya and others. (1)

This change will allow them to serve a full tenure and achieve a higher rank, with greater salary and leadership potential. Female officers have since long campaigned for this change, as there joining in the army through Short Service Commissions (SSC) only permits them to serve for 10 to 14 years but now they have been given an opportunity to prove their capacity and ability and break all the gender stereotype barriers constructed in peoples mind.

This change will lift up the status of women’s not just in the Indian army but all girls across the country and the world as this is an answer to all those who always question the ability of women and are of the view that due to their physical and domestic commitments female are not able to perform well or as men in physical jobs.

Lt. Col. Seema Singh commenting on the judgment focused on the objective of the landmark decision and states that "It is not about money, it is about career prospects. The Indian constitution is based on equality. Denying opportunities to women was against the ethos of the constitution”. Now the army will have to frame guidelines that are equal for men and women and the center has been given three months' time for taking action on the directions.

EARLIER STATUS

Even after introducing women in many sectors, the army continues to define itself along gendered lines. There was a strong belief or I can say they're still in a strong belief of many people that combat by nature, is a male occupation and an army is a place for male space. Recruitment of women especially in the fighting unit has been looked at as a desire to preserve the meaning and fame of male-dominated armed forces. Armed services while considering the privilege of men define it as defending not only the nation and its boundaries but also women and children. We can see this as a nation here is associated with mother Earth and male citizen is associated with the government which must protect the nation. This compiles that women here have no place to be fitted in this whole set and their accommodation is a challenge for those who already have their assigned roles. (2)

• Earlier to 1992 women officers were allowed to serve the army in the medical department only.
• There was an absolute bar on considering women officers for Command Positions (Inconsistent with the right to equality under Article 14 of the Indian Constitution).
• Through SSC’s women can serve the army for 10 to 14 years and neither they can achieve a higher rank because of the time limit specified in their service restrict their promotion. (3)
• In 2019 Indian Government agreed to give permanent commissions (PCs) to women along with a condition i.e. the rule applied to women officers who had served for less than 14 years and excludes many women who had served out their SSC’s.
• With 2019 policy eight streams of army grant permanent commission to women that are: Signals, Engineers, Army Aviation, Army Air Defense, Electronic and Mechanical Engineers, Army Service Coprts, Army Ordinance Coprts and intelligence inclusive of two existing streams i.e. JAG and AEC.

CHANGES THE JUDGMENT MADE

• Uphold the right to equality given under the Indian Constitution to all the people.
• Secure the right of short service commissioned women officers to be entitled to equality as permanent commission in the Indian Army irrespective of their tenure of service.
• Removed the absolute bar on considering women officers for command positions.
• The benefit in continuing in service until the attainment of pensionable service shall apply to all existing SCC’s officers with more than 14 yr. of service.

The judgment is not a feminist victory neither does it erase the harm done by militarized masculinity to the women in armed forces. As the argument presented by the central Government was totally drawing on the age-old gender stereotype which reflects the mindset of the society. (4)

The top court’s move was towards “gender equality” with women now being able to get the same opportunities and benefits as their male colleagues, including in ranks, promotions, and pensions, and also being allowed to serve the army for longer tenures.

CONCLUSION

Without providing them an opportunity how can one judge the ability of them? Women neither being given any chance nor even imagined in such roles before. Therefore, providing them with an opportunity to prove all wrong is their Right grant to them under the supreme law of the land. Whenever women want to enter new roles it’s always a challenge for them. As they always have to fight for their equal status because men can’t see them by their side working on the same platform as them.

[The author, Pratibha Bansal is a final year law student at Banasthali Vidhyapith, Rajasthan]

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1. Secretary, Ministry of defense v. Babita Puniya and others, 17 February 2020
2. Prem Chowdhry, economic and political weekly vol. 45, no. 31 (2010) pp. 18-20.
3. Babita Puniya vs The Secretary & Anr. on 12 March 2010
4. Shrestha Das, equal roles for women in Indian society is not a feminist victory, (March, 15,2020, 4:14 pm), https://www.aljazeera.com/indepth/opinion/equal-roles-women-indian-army-feminist-victory-200303152707759.html