Recently, the Supreme Court of India delivered a significant ruling, declaring that Short Service Commission (SSC) women officers are entitled to permanent commission and command posts in the Army, regardless of their tenure of service. This verdict was in response to an appeal about a decade old, which the government had lodged against a 2010 judgement of the Delhi High Court. The earlier court decision had given SSC women officers the right to a permanent commission. The apex court has given the government three months to enforce this new judgement.
An Overview of the Short Service Commission Scheme
In the Short Service Commission (SSC) scheme, women are hired into the Army for an initial duration of 10 years, which can be extended up to 14 years. However, their roles were limited to specific areas such as the Army Education Corps, Corps of Signals, Intelligence Corps, and Corps of Engineers. They were excluded from combat arms like infantry and armoured corps. While male SSC officers could choose a permanent commission after a decade of service, this provision did not extend to women officers, barring them from any command appointment and the government pension that starts after an officer has completed 20 years of service.
Government’s Endorsement of Permanent Commission in 2019
In a policy statement issued in February 2019, the Government expressed support for SSC women officers receiving a permanent commission in 10 streams of the ‘Combat Support Arms’ and ‘Services’ sections. Nevertheless, it specified that these women would not be given any command appointments and would serve only in staff positions.
Supreme Court’s Pronouncement on Permanent Commission and Command Posts
The Supreme Court dismissed the government’s stance that women officers having less than 14 years of service should only be considered for a permanent commission. The court ruled that women officers are eligible for command posts in non-combat areas and should be considered on an equal basis with male officers. It stated that an absolute bar on women seeking criteria or command appointments would not align with the guarantee of equality under Article 14 of the Indian Constitution.
The Court’s Perspective on Combat Role
The court did not discuss the issue of women’s exclusion from combat operations as it was not contested in the appeal.
Court’s Critique of the Government’s Note on Women in Combat Roles
The Supreme Court criticised the government’s note on women in combat roles, highlighting that the note exhibited women officers poorly, indirectly suggesting that women may not be able to handle the challenges and hardships associated with combat roles. The court deemed such suggestions as a reflection of patriarchal views and sex stereotypes. In addition, the court observed that questioning the abilities of women based on their gender is not just offensive to their dignity but also undermines the dignity of all members—male and female—of the Indian Army.
Implications of the Judgement
The aftermath of this judgement opens several avenues for women officers, empowering them to hold command positions at par with their male counterparts. This development might eventually lead to promotions to higher ranks for them. Following the implementation of this judgement, a woman’s rank can rise to that of Colonel and beyond based on merit, matching the progress trajectory of their male colleagues.
Way Forward
The court pointed out the need for shifts in the culture, norms, and values of not only the rank and file of the Army but also society at large to make this transition effective. The court reminded that the task to initiate these transformations lies with the senior military and political leadership. Globally, militaries in many countries, including the United States, Israel, North Korea, France, Germany, Netherlands, Australia, and Canada, incorporate women in front-line combat positions. The court stated every woman has the right to opt for a career of her choice and excel in it, with equality being a constitutional promise.