The Supreme Court on Thursday said "the structures of our society have been created by males for males", and "equality will be a farce" if change does not occur and women get equal opportunity. The court noted that women officers must be considered for permanent commission (PC) subject to disciplinary and vigilance clearance. The court passed the order while hearing a plea from women Army officers who were rejected for permanent commission.
"We allow these petitions with several directions. Officers will be considered for permanent commission subject to disciplinary and vigilance clearance," the bench headed by Justice Dr D Y Chandrachud said.
"This shall continue and they shall avail all benefits," it further said, disposing of the writ petition.
The apex court was directing the Centre to consider granting permanent commission (PC) to women army officers, within a month and allow PC within 2 months after following due process.
In February, in a landmark verdict last year, the top court had directed that women officers in the Army be granted permanent commission at par with their male counterparts. Sixty women officers moved the top court stating that they were denied PC in the Army on the ground of failure to adhere to Shape- I fitness.
A bench headed by Justice D.Y. Chandrachud held that the Army's selective ACR evaluation and late implementation of the Shape 1 criterion discriminates and disproportionately affects women officers, who have sought PC.
The top court criticized the Army for indirectly discriminating against women short service commission officers by denying them PC, and cited that women officers who brought laurels for the country in different fields have been ignored.
The Army said the medical category has been applied by taking age-related factors into account. However, the top court observed that women officers were given symbolic equality and Shape-1 medical criteria cannot be applied to the women officers 10 years later.
The top court observed that the Army’s evaluation criteria to grant permanent commission to officers is "arbitrary and irrational".
"The evaluation criteria adopted by Army constitutes systemic discrimination of women... The criteria requiring them to match the lowest merit of the male officer and requirement to be in SHAPE-1 criteria disproportionately affects women," the bench said.
The bench said, "A career in the army comes with many trials. It becomes more difficult when the society puts the responsibility of childcare and domestic work on women," adding that there can be no judicial review of standards adopted by the Army.
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The women officers in their plea claimed that around 615 women officers of the Short Service Commission (SSC) were fit for PC, but only 277 officers could make it to the final list.
Earlier, the SC had directed that the permanent commission will apply to all women officers in the Indian Army in service, irrespective of their years of service. It also ordered that after the judgement of the Delhi high court, the Centre should grant permanent commission to women officers. Last year, the court ordered the central government to grant permanent commission to women officers in the Army's non-combat support units on par with their male counterparts.