In a significant development, the Supreme Court of India has issued a stern warning to the Centre regarding the denial of Permanent Commission to women officers in the Indian Coast Guard. The court emphasized that gender equality cannot be compromised and indicated its willingness to intervene if necessary actions are not taken voluntarily by the government.

The Chief Justice of India, DY Chandrachud, conveyed the court’s position, stating, “If you do not do it, we will do it. So, have a look at that.” This statement underscores the court’s commitment to ensuring gender equality, specifically in the defense service.

The court’s intervention comes in response to a plea by a woman officer of the Indian Coast Guard seeking the grant of Permanent Commission to eligible women short-service commission officers within the force. The case highlights the pressing need to address gender disparities within the Coast Guard and align its policies with contemporary standards of inclusivity.

During the proceedings, the Attorney General, R Venkataramani, representing the Centre, argued that the Coast Guard functions differently from the Army and Navy. However, Chief Justice Chandrachud dismissed arguments based on functionality and similarity, asserting, “All this functionality etc. arguments do not hold water in 2024. Women cannot be left out.”

The court emphasized that the Coast Guard must not deviate from the precedent set by the Army and Navy, both of which have granted Permanent Commissions to women officers. The judiciary stressed that the maritime force must establish a policy that treats women officers fairly and aligns with the principles of gender equality.

A three-judge bench, headed by Chief Justice Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, expressed dissatisfaction with the Coast Guard’s denial of Permanent Commission to its women officers. The court underscored the need for the Coast Guard to adopt a policy in line with contemporary norms and criticized what it deemed a “patriarchal attitude” within the organization.

Referring to the landmark Babita Punia judgment, the court reminded the government of the entitlement of women Short Service Commission officers to a Permanent Commission on par with their male counterparts. The Babita Punia judgment, a precedent-setting decision, asserted the right of women officers to equal opportunities and recognition within the defense services.

The court’s rebuke also drew attention to the government’s commitment to “Nari Shakti” (Women’s Power) and urged the Coast Guard to demonstrate this commitment in its policies. The judges highlighted the incongruity of the Coast Guard resisting the trend embraced by the Army and Navy in recognizing the rights of women officers.

The next hearing for the case is scheduled for March 1, where the Centre has been directed to file a response addressing the concerns raised by the court. This legal battle signifies a broader struggle for gender equality within the defense services and underscores the judiciary’s role in upholding constitutional principles.

The plea filed by the Coast Guard officer reflects a growing awareness and challenge to gender discrimination and inequality within the defense service. As the case unfolds, it is poised to set a precedent for recognizing and rectifying gender disparities, promoting a more inclusive and equitable environment within the Indian Coast Guard.

This legal battle not only addresses the specific case at hand but also contributes to the ongoing discourse on gender equality in various sectors, emphasizing the importance of aligning institutional policies with contemporary values and constitutional principles.

By : Kruthiga V S

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