The Secretary, Ministry of Defence v. Babita Puniya & Ors (2020) 7 SCC 469 - Synopsis
Team SoOLEGAL 16 Jun 2021

In 2003, a PIL by a practicing lawyer Babita Puniya was filed, requesting for the permanent commission of female officials enrolled under SSC (Short Service Commission) in the military force as compared to the male officials. After the 2006, amendment women were allowed to serve as SSC official with a limit of 14 years. Later in the 2008, centre allowed permanent commission to female officials of SSC working in departments such as Judge Advocate General, Army Education Corps and also in correlated departments such as Air Force and Navy. Delhi HC, in March 2010, admitted similar petitions and asked the Ministry of Defense to give the perpetual commission to SSC female officials of the Air Force and Army who had decided on it and not yet conceded. The Supreme Court, held, that the undertaking of the reproved judgment hasn't endured in any capacity, when the order was challenged by Army. The Central Government in 2018, informed the Supreme Court that it is deciding on granting permanent commission to female officials enrolled under SSC in Army. A set of guidelines were issued by the legislature in 2019, that the commission will be granted only to those female officials assigned after this order. In the same year, it allowed a perpetual commission to new SSC officials in eight battle jobs.

The issue highlighted was a uniform and equal chance for all female officials seeking a permanent commission in the Indian Army.

Justice Chandrachud, questioned the arguments presented by the Union and expressed that they are ingrained in the stereotypical presumption of previously pinned gender norms for women. The Supreme Court further held that even though certain permits are given in Article 33 of the Indian Constitution in allowing restrictions of Fundamental Rights in Armed Force, there was a clear violation of Article 14 of the Constitution which ensures equality. The allowance given under Article 33 is only restricted to the necessity of ensuring proper conduct of duty and discipline. Thereafter, a series of conditions were stated by the court subjected to the policy decided by the union, on allowing permanent commissions to female officials affirming the Delhi HC order. All female officials enrolled under SSC were made eligible to permanent commissions without any limitations on years of service, given with all options of specialization. The court asserted that any female officer granted with permanent commission should qualify for all benefits, such as, pension, promotion, and financial incentives and should also be able to continue service till they attain pensionable service. The final direction by the court was that necessary implementation should be taken within 3 months of the judgment.

The decision of the court ensured gender equality in the Indian Army including services like the Navy and Air Force, empowering women. Justice D.Y. Chandrachud rightly pointed out that, questioning the ability and potential of women officers and not granting them higher post was an insult to a specific gender. This landmark judgment created a new path, uplifting gender justice and ensured women with command position and permanent commission.

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