HC seeks govt's reply on PIL to allow women join TA

Delhi High Court today sought the government's response on a PIL seeking recruitment of women in the Territorial Army, an organisation of volunteers who receive military training in order to be mobilised for the country's defence in case of an emergency.
A bench of Chief Justice G Rohini and Justice Jayant Nath issued notice to the Ministry of Defence and the Territorial Army (TA) and sought their replies on the plea by the next date of hearing on February one next year.
The court was hearing a petition filed by lawyer Kush Kalra, who has sought quashing of the provisions in the Territorial Army Act which prohibit gainfully employed women from being recruited in the organisation, which is the second line of defence after the regular army.

Contending that not allowing women to join amounted to "institutionalised discrimination" and went against the Constitution's spirit, the petitioner claimed the state has a duty to ensure no discrimination is practiced by anyone in the country.
"At present, TA recruits only males (gainfully employed). Due to this institutionalised discrimination, women are being deprived of their right to serve in Territorial Army.
"This discrimination on grounds of gender is violative of fundamental freedoms and human rights of the women," the plea, filed through advocate Jyotika Kalra, has said.

The petitioner has said that in August this year he saw a recruitment advertisement inviting gainfully employed men to join the TA and wrote to it that not recruiting women amounted to discrimination.

In response, the TA said that as per the provisions of the Territorial Army Act, women were not eligible to join the organisation, the petition said.
Unlike the Indian Armed Forces, TA is not a profession, occupation or a source of employment and is meant for those who are already in mainstay civilian professions. Fainful employment or self-employment in a civil profession is a pre-requisite for joining TA, the petition has said.
The role of the TA, in which actor Mohanlal and cricketers Kapil Dev and M S Dhoni are honorary members holding senior ranks, is to "relieve the regular army from static duties and assist the civil administration in dealing with natural calamities...."

It also helps in maintenance of essential services in situations where life is affected or the security of the country is threatened, the PIL said.