I. INTRODUCTION

There are various avenues for individuals to serve their country through the Indian Armed Forces. Permanent commission is one of them, and short-service commission is the other one. A lifetime career in the armed forces is signified by a permanent commission, which enables officers to hold commanding positions until retirement. Officers receive a full pension upon retirement, a steady job, social status, and advancement opportunities.  A Special Service Commission (SSC) is a fixed-term engagement that lasts for a set period of time, usually 10 years for the Army, Air Force, and Navy, and can be extended for an additional 4 years. The Short Service Commission (SSC) was the only option available to female officers in the past. The male officers have two options after serving their term: they can choose to leave the Indian Army or apply for a permanent commission. Officers are initially enrolled for ten years, after which they can continue for an additional four years. Following the completion of the ten plus four years, female officers must opt out, while male officers may choose to continue and obtain permanent commission or to opt out. This pattern has since shifted, becoming more accepting of female officers. Now that they are on par with the male officers, they can choose to be permanently commissioned. This enormous shift that brings society one step closer to equality should be attributed to the Supreme Court. The Supreme Court should be given credit for this colossal change that leads society one step closer to equality. But this change was not an easy challenge but a constant battle drawn out for almost 3 decades.

II. HISTORY OF WOMEN AND THE ARMED FORCES HISTORY OF WOMEN AND THE ARMED FORCES

Women’s contribution to the Indian military started with nurses in 1888, later expanding to non-combat roles during World War I with the Women’s Auxiliary Corps. In the Indian Armed Forces, women’s employment has gone through a plethora of changes. For example, Section 12 of the Air Force Act[1], Section 9(2) of the Navy Act of 1957[2], and Section 12 of the Army Act of 1950[3] state that women are not permitted to join or be employed in these forces, with the exception of corps, departments, branches, or other bodies that are a component of or attached to the force and that the Central Government may designate by notification. In the year 1991–92, women were allowed to enlist in the armed forces via an official gazette of the government, but this enrolment was also temporary in nature, and these enrolments were in non-combat corps, generally service corps like communication, logistics, law, education, and postal. The narrative above leads one to conclude that the five-year engagement period applied to women who were to be inducted into the Army on February 15, 1992, in specific branches and cadres. On December 12, 1996, the five-year clause mentioned above was removed. The MoD announced in 2005 that WSES officers would have their terms extended to a maximum of 14 years. The Army’s training essentially took the same path, which led to the introduction of a service time cap. SSCs with a fourteen-year outer duration took the place of the original WSES induction process. 

[1] The Air Force Act 1950, s 12.

[2] The Navy Act 1957, s 9(2).

[3] The Army Act 1950, s 12.

 III. LEGAL BATTLE TOWARD EQUALITY

  1. ARMY: In 2003, advocate Babita Puniya filed a PIL seeking a permanent commission (PC) for women officers in the Indian Army, highlighting gender inequalities. The Women Special Entry Scheme (WSES) allowed women to join through the Short Service Commission (SSC) with shorter training. In 2005, the Ministry of Defense ended WSES, enabling women to join through SSC like men. Challenges continued, with Major Leena Gaurav and Lt. Col. Seema Singh seeking PC for women officers. In 2008, PC was granted prospectively in two departments, leading to legal battles. In 2010, the Delhi High Court ruled in favor of PC for women serving under SSC after 5 years; this was appealed in the Supreme Court, and the trials continued. In 2019, the government granted PC to women in eight combat support services, but only prospectively. The Supreme Court’s 2020 directive mandated consideration of PC for all women officers on SSC, with options to continue serving up to 20 years for pensionable service. The court rejected the clause restricting women to “various staff appointments only,” ensuring equal opportunities. This landmark decision established gender parity by granting PC to women officers in all ten branches of the Indian Army and allowing them to hold commanding and positions of authority, aligning them with their male counterparts. 
  2. NAVY: The Delhi High Court ruled in Lt. Cdr. Annie Nagaraja & ors. v. Union of India that navy SSC officers who had chosen permanent commission but were denied it should receive it within six weeks even though they had reached retirement age while the cases were pending. In contrast to the high court’s ruling, the AFT declared that the relevant authorities would make the decision regarding the award of a permanent commission since it lacked sufficient information. However, the AFT ruled that the women might continue serving as SSC officers under the current terms and conditions, as they applied, until a judgment was made. The respondents filed a Supreme Court appeal against this ruling. The court ruled that the implementation guidelines dated December 3, 2008, which contain rules that are limited to specific cadres and made prospective, are null and void. All currently serving SSC officials in the cadres of education, law, and logistics will be given consideration for PC grants.
  3. AIR FORCE: Wg. Cdr. Jasmine Kaur was among the first female officers to file a writ petition in Union of India v. Jasmine Kaur, demanding that the SSC give PC grants to its female officers. When the lawsuit was resolved in favour of giving PC to female officers in 2010, the way forward seemed apparent.

[1]Ministry of Defence v. Babita Puniya 2020 7 SCC 469.

[2] Pti, ‘Army’s Approach of Denying Women Officers Empanelment as Colonel “Arbitrary”: Sc’ (The Hindu, 3 November 2023)  accessed 15 February 2024

[3] ‘Women in Defence Forces’ (Press Information Bureau) accessed 15 February 2024

 

IV. CONCLUSION

This long-drawn fight was very necessary to fight the demonic stereotypical mindset of these major institutions and to provide women their basic rights of to be treated equally, not to be discriminated based on sex and having equal opportunity in matters relating to employment or appointment in any office under the state. The supreme courts judgements are definitely in the right direction but a lot is yet to be done. [1] (India Today, 29 November 2021) accessed 15 February 2024 [2] The Constitution Of India, Article 14. [3] The Constitution Of India, Article 15(1). [4] The Constitution Of India, Article 16(2). [5] ‘577 Women Officers Granted Permanent Commission in Army since SC’s Verdict in Feb 2020’ (India Today, 29 November 2021)  accessed 15 February 2024 [6] ‘Offering Permanent Commission to Women Officers Not Only about Equality but Also about Recognizing Their Unique Skills: Justice Hima Kohli’ (Live Law, 25 February 2023)  accessed 15 February 2024

Author –

Aditya Charan (Intern)