New Delhi:The Supreme Court on Monday upheld Delhi High Court's judgment and directed the Centre to ensure that women officers get Permanent Commission (PC) in the Army.
The Centre waited for nine years before coming out with a notification in 2019 allowing Permanent Commission to women in eight streams, the Apex Court said in its verdict.
A bench, headed by Justice D Y Chandrachud, passed the order on the Centre's appeal challenging the Delhi High Court judgement.
The Centre's arguments citing physiological limitations and social norms to deny opportunity to women officers is unacceptable and violates equality, the Top Court said. Women officers have performed exceptionally well and brought laurels, it added.
Casting aspersions on ability of women and their role and achievements in the Army is an insult not only to women but also to Indian Army, it stated.
The Centre's step to give permanent commission to Short Service Commissioned (SSC) women officers in ten streams is a recognition of constitutional mandate.
However, the court held that the policy to deny PC to SSC women officers on the ground that they have crossed 14 years of service will be a travesty of justice.
It should apply equally to all who are currently in service even if they have crossed 14 years of service.
While the absolute bar on women being given command assignments violates Article 14, their absolute exclusion from command appointments is not justified, the Court said.
Hence, the Centre's stance that women will be allowed only for staff appointments should not be enforced, says the Court.
The Apex Court also said women SSC officers cannot be absolutely barred from command appointments and made it clear that all SSC women officers in service to be considered for PCs irrespective of whether they have more than 14 years of services.(UNI)