Introduction
The case of Secr., Ministry of Defence vs Babita Puniya on 17 February, 2020, Civil Appeal Nos 9367-9369 of 2011 is a landmark case relating to gender discrimination in the Indian armed forces.
The case included a test to the strategy of the Indian Armed force which denied long-lasting commissions to ladies officials, and furthermore rejected them from being considered for order arrangements. The petitioners, who were female officers in the army, claimed that the policy was discriminatory and infringed on their constitutionally guaranteed right to equality.
The case was litigated in multiple rounds before reaching the Supreme Court of India. The Court ruled that women officers in the Indian Army had a right to permanent commissions and that the policy of denying them was discriminatory and in violation of the Constitution. Women officers who had served for a predetermined amount of time were also ordered by the court to be given permanent commissions by the army and to be considered for command positions on an equal footing with men.
The verdict was widely regarded as a significant step toward eliminating systemic discrimination against women in the armed forces and as a significant victory for gender equality and women’s rights in India.
Background of the case
In India, the landmark case of Secretary, Ministry of Defence v. Babita Puniya was about gender discrimination in the armed forces. A group of female officers in the Indian Army challenged the army’s policy of denying them permanent commissions and command appointments when they filed the case.
The strategy being referred to depended on the Public authority of India’s 1992 request, which specified that ladies could serve in the military just for a time of 5 years on a short help commission. Women officers were still denied permanent commissions despite a 2006 revision to this policy that increased the service requirement for some branches to 14 years.
The petitioners argued that the policy was discriminatory and infringed on their constitutionally guaranteed right to equality. Additionally, they argued that women officers had distinguished careers in the armed forces for decades and that there was no reason to deny them the same opportunities for professional development as men.
The case went through several rounds of court, with the Delhi High Court ruling in 2010 in favor of the female officers. Be that as it may, the Ministry of Defence tested this decision in the High Court of India, which alluded the make a difference to a bigger seat for thought.
The Supreme Court of India ruled in February 2019 that female officers in the Indian Army should be given permanent commissions on a par with their male counterparts. The court also ordered the government to put this decision into action within three months. The government, on the other hand, requested a review of this decision because it believed it would have operational implications for the armed forces.
The Supreme Court upheld its previous decision in February 2020, reiterating that women officers should be granted permanent commissions in the Indian Army and rejecting the government’s review petition. The court also told the government to make sure that women officers are given the same consideration as men for command positions. The verdict was widely regarded as a significant victory for women’s rights and gender equality in India.
Pre- case Years
The exclusion of women from combat roles in the Indian armed forces in the past is the root cause of the case of Secretary, Ministry of Defence v. Babita Puniya. The Government of India granted women short service commissions for a period of five years in 1992, making it the first time they could serve in the armed forces in non-combat roles.
Women officers in the armed forces began to advocate for greater career opportunities, including the right to be considered for permanent commissions and command appointments, over time. A group of female officers filed a petition in the Delhi High Court in 2003 to demand that women in the armed forces be granted permanent commissions. Nonetheless, the case was excused on specialized grounds, with the Court deciding that the applicants had not depleted all suitable cures under the watchful eye of moving toward the Court.
In spite of this, the women officers continued to advocate for their rights, and in 2006, the Indian government increased the number of years women officers could serve in certain branches of the armed forces to 14. Women officers, on the other hand, continued to be denied permanent commissions and command appointments.
Another group of female officers appealed the denial of permanent commissions and command appointments to women in the armed forces in a writ petition in the Delhi High Court in 2008. A single judge dismissed the case at first, but it was later referred to a larger bench, which in 2010 ruled in favor of the women officers.
This decision was challenged by the Ministry of Defense before the Indian Supreme Court, which referred the matter to a larger bench for consideration. A bench of three judges eventually heard the case and issued a landmark decision in February 2019 granting women officers in the armed forces the right to be considered for permanent commissions on an equal footing with men.
Legal Questions raised in the case
In the case of Secretary, Ministry of Defence v. Babita Puniya, gender discrimination in the Indian armed forces was the subject of several legal debates. The super legitimate inquiries that were brought up for the situation are as per the following:
- Whether the Indian Army’s policy of denying women officers permanent commissions and command appointments violates their constitutionally guaranteed right to equality.
- Whether or not the Government of India’s 1992 order, which said that women could only serve in the armed forces for five years on a short service commission, was discriminatory and in violation of the fundamental right to equality.
- Whether the Indian government’s 2006 order, which increased the period of service for women officers in some branches of the armed forces to 14 years, is sufficient to end the discrimination they face.
- Whether women officers in the armed forces have the same rights to career advancement and growth as men, such as the ability to be considered for permanent commissions and command appointments.
- whether the physical and physiological differences between men and women justifies the exclusion of women from combat roles in the armed forces, or whether it is based on stereotypes and prejudices about women’s abilities and roles in society.
Women officers in the Indian Army are entitled to permanent commissions and should be considered for command appointments on an equal footing with their male counterparts, according to the case’s landmark ruling by the Supreme Court of India. The judgment depended on the standards of orientation balance and non-separation cherished in the Indian Constitution.
Post-Case Years and Development
The Indian government took a number of steps to put the Supreme Court’s decision in Secretary, Ministry of Defence v. Babita Puniya into action and give women in the armed forces equal opportunities. A portion of the critical improvements in the post-case years are as per the following:
- Permanent commissions are awarded: In accordance with the Supreme Court’s decision, in March 2020, the Ministry of Defence issued orders granting women officers in the Indian Army, Navy, and Air Force permanent commissions. This made it possible for female officers to continue their service past the age of retirement and provided them with opportunities for advancement in their careers as well as appointments to positions of command.
- Service extension: Women officers in the armed forces now have to serve for 20 years, up from the previous 14 years, according to orders issued by the Ministry of Defence. Women officers were given more time to serve and contribute to the armed forces as a result of this.
- New areas of recruitment: Women were also being recruited for new positions in the armed forces, such as fighter pilot and military police positions. The Indian Army appointed its first woman Judge Advocate General officer in 2021, and Flight Lieutenant Shivangi Singh became the first woman to fly a fighter aircraft solo.
- Changes in facilities and training: In addition, the armed forces began making adjustments to their training and infrastructure to accommodate female officers. For example, they built separate bathrooms and housing for female officers in military barracks.
In general, the decision made by the Supreme Court in the case of Secretary, Ministry of Defence v. Babita Puniya has significantly affected the rights of women officers in the Indian armed forces and paved the way for greater gender equality and inclusion in the military.
Conclusion
Taking everything into account, the instance of Secretary, Ministry of Defence v. Babita Puniya was a milestone case that resolved the issue of orientation separation in the Indian military. The case brought up a number of significant legal issues regarding the rights of female officers in the armed forces, including the right to permanent commissions and command appointments and the Indian Constitution’s guarantee of equality and nondiscrimination. The High Court’s judgment for the situation perceived the significance of orientation uniformity in the military, and requested the public authority to give extremely durable commissions to ladies officials and furnish them with equivalent open doors for profession development and progression. The case has paved the way for greater gender equality and inclusion in the armed forces and has had a significant impact on the rights of female officers in the Indian armed forces.
Written by: Roli Nayan, REVA University, Bangalore
