Topic: General Studies 2:
- Separation of powers between various organs dispute redressal mechanisms and institutions (Judicial Overreach Vs Judicial activism)
- Government policies and interventions for development in various sectors and issues arising out of their design and implementation
Context
The Supreme Court has asked government to adhere to its own stated policy on granting permanent commission to women in the Short Service Commission (SSC)
At present, the women officers are allowed permanent commission (PC) only in two branches of the Indian Army, namely the Judge Advocate General and Army Education Corps.
The remaining eight branches that will open up for women SSC officers in the army are Corps of Signals, Engineers, Army Aviation, Army Air Defence, Electronics and Mechanical Engineers, Army Service Corps, Army Ordinance Corps and the Intelligence Corps
What is Short Service Commission?
Women in Army: Background of the case
1992: Induction of Women officers into Army started. Women were commissioned for a period of five years in certain chosen streams through Women Special Entry Scheme (WSES)
WSES had a shorter pre-commission training period than their male counterparts who were commissioned under the Short Service Commission (SSC) scheme.
2003: PIL was filed before the Delhi High Court for grant of permanent commission (PC) to women SSC officers in the Army
2006: WSES scheme was replaced with the SSC scheme, which was extended to women officers.
Impact of such a system:
2008: Defence Ministry passed an order saying PC would be granted prospectively to SSC women officers in the Judge Advocate General (JAG) department and the Army Education Corps (AEC) (2 out of 10 streams in PC)
2010: Delhi High Court Order: Women officers of the Air Force and Army on SSC who had sought permanent commission but were not granted that status, would be entitled to PC at par with male SSC officers.
This order was subsequently challenged by government in the Supreme Court and also did not implement the High Court order even though it was not stayed by the apex court.
August 15, 2018: Prime Minister Modi announced that permanent commission would be granted to serving women officers of the armed forces. However, it was not implemented on the ground which led the SC to pass the present judgement
Basis of arguments put forth by the government in the Apex Court while arguing against Women’s inclusion in Permanent Commission are:
Implications of Supreme Court ruling:
Conclusion
The bigger shift will have to take place in the culture, norms, and values of the rank and file of the Army, which will be the responsibility of the senior military and political leadership.
Connecting the dots!
