THE PERMANENT COMMISSION FOR WOMEN IN DEFENCE SERVICES

- SANIYA GOYAL & VIDHI KUMAWAT

Captain Tania Shergill, the first women Army officer led the men contingent as they march past at the republic day parade at Rajpath in New Delhi in January 2020. | photo credit: Shiv Kumar Pushpakar

The long-anticipated reformation has come into force since July 23, 2020. The apex court of India, in its judgement, announced that the women in defence services would be eligible for permanent commission (PC). Henceforth, women would be entitled to serve the country until the age of retirement.

Earlier, only men were eligible for permanent commission and also the women working under the medical wing would be entitled to permanent commission. Before the contemporary changes, women could serve for 10+4 years under the short service commissioned (SSC). On July 23, 2020, the apex court announced that henceforward women would be eligible for permanent commission but only in non- combat arms.

Women in the army had fought indefatigably for almost 17 years. In 2003, a case was first filled in the Delhi High Court by the women officers seeking eligibility for permanent commission. Thereafter, the Delhi High Court passed a judgement in the favour of women in the army. Nevertheless, the verdict was not implemented for the past 10 years and was challenged in the Supreme Court by the government.

· Following this, the case was then passed in the highest court. Later on, in February 2019 some major changes were put forward by the Prime Minister in favour of women. However, in consonance with the policies women would be eligible for permanent commission only in “staff appointments” and not in command roles in specific non-combat streams. Despite the delay, the supreme court, in its judgement stated that women would get permanent commission in 10 streams of combat support arms and services while there had been the removal of the rest of the restrictions which means that women would be allowed to serve in staff and command appointments which are the most significant and far-reaching aspect of the judgement.

The judgement made by the supreme court upheld the Delhi High Court for its 2010 verdict and asked them that within 3 months they would have to consider the short service commission women officers to the permanent commission. The supreme court also asked the Delhi High Court to change their mindset and make an end to gender bias in the armed forces because the court gave unpresidential reasons for not allowing women to be eligible for the permanent commission. In the affidavit filed by the central government which stated that there are reasons for restrictions of women in the army. In addition to this affidavit also stated that there are some operational compulsions of the army because of which women should be restricted. The contention of the Center government was broadly based on three major points. First, that women officers recruited under SSC were trained differently as compared to the male officers who were trained for permanent commission. Besides this is stated that the training was dissimilar for PC and SSC. Second, it reiterated on the fact that all the male officers were not trained or acquainted with working with female officers. Third, it stated that women are not fit for command roles, which might involve combat, because of the “physiological differences” with men. They also gave reasons like prolonged absence during pregnancy, motherhood, and domestic obligations towards their children and families. But the court reiterated not to take gender stereotype any further. The apex court highlighted that the male officers also have children and families and they too have responsibilities.

Slowly but surely reformations are coming to establish gender equity.