The Secretary, Ministry of Defence V. Babita Puniya & Ors.

FACT OF THE CASE

The case was initiated when a batch of petitions were filed by many women officers, who demanded for permanent commission and command appointments in the Indian Army. 

In 1992, when the Central Government allowed women to join certain cadres of the Army. Women joining these services  seek parity with the male officers in obtaining Permanent Commissions (hereinafter PC).

In February 2003, Adv. Babita Puniya, filed a writ petition of PIL at Delhi High Court, demanding PC for female officers recruited through Short Service Commission (hereinafter SSC) in the Army. Other female officers also filed a petition for the same and their petitions were tagged with Babita’ petition. In 2008, the centre decided to give PC to SSC women officers in some departments. 

In Feb 2019, the Government issued guidelines that PC will be granted to the female officers and only those female officers will be eligible who are commissioned after this order is notified keeping the serving officers out of the ambit of the PC. 

ISSUES RAISED

• Whether females should be granted PC in the Indian Army?
• Whether the notification issued by the Ministry Of Defence dated February 15^th, 2019 should be implemented?

ARGUMENTS

1. Petitioner’s Argument : Ministry Of Defence argued that certain roles in armed forces, mainly including command positions, were not suitable for female officers due to their physiological limitations. It is also argued that female officers were not fit for command roles in the Army, especially in combat units, as they were not able to handle the harsh conditions.
2. Respondents’ Argument: Adv. Babita Puniya & Ors, on behalf of the women officers, argued that the denying of giving them command positions was discriminatory as it is solely based on their gender and violated their fundamental rights guaranteed under Indian Constitution.

JUDGMENT 

The Supreme Court Of India ruled in favor of respondent by granting permanent commission to women officers in Indian Army. The court held that it is a clear violation of fundamental rights guaranteed under Indian Constitution and the court further said that the restrictions on fundamental rights in armed forces allowed under article 33, could be restricted only to the extent that it was necessary to ensure the proper discharge of duties and maintenance of disciplines.

The judgement also focuses that many times, by their work and contribution, female officers had already proven their capabilities and dedication in the service, and that’s why, they should be given equal opportunities, as par their male counterparts, in all areas.

REFERENCES 

https://www.mylawman.co.in/2022/02/case-brief-secretary-ministry-of.html?m=1

https://blog.ipleaders.in/secretary-ministry-defence-vs-babita-puniya-ors-case-study/

This article is written by Apoorva Anand of Lloyd Law College, Intern at Legal Vidhiya.

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