SC clears decks for permanent commission to women in Navy

Holding there can't be "101 excuses" to deny women in the military equal rights, the Supreme Court on Tuesday cleared the decks for granting permanent commission to women officers in the Navy and asked the Centre to work out the modalities in three months.

In a landmark verdict for gender equality, the court held that a level playing field ensures that women have the opportunity to overcome "histories of discrimination", as it cited the achievements of women Navy officers, including those serving on-board the INS Jyoti warship.

The 64-page verdict by Justices D Y Chandrachud and Ajay Rastogi comes exactly a month after the same bench had opened the doors for similarly-placed Short Service Commission(SSC) women officers in the Army.

"A hundred and one excuses are no answer to the constitutional entitlement to dignity, which attaches to every individual irrespective of gender, to fair and equal conditions of work and to a level playing field," the top court said.

Elated after the verdict, former naval officers who waged the legal battle for over a decade said they would now like to see a woman command a warship and serve in submarines.

Cdr (retd) Sumati Balooni, one of the petitioners in the case, said the "landmark" judgement will help bring in change in the mindset within the Navy.

"Now that the first step has been taken, the next feat would be to see women officers commanding a ship and serving in submarines in the near future. If women can command a spaceship then they can also command a ship," said Balooni, who had joined the Navy in 1993.

The court said it is plainly discriminatory to deprive serving women officers of the opportunity to work as equals with men on PCs (permanent commissions) in the Indian Navy.

"Furthermore, to contend that women officers are ill-suited to certain avocations which involve them being aboard ships is contrary to the equal worth of the women officers who dedicate their lives to serving in the cause of the nation."
The court said the battle for gender equality is about confronting the battles of the mind and history is replete with examples where women have been denied their just entitlements under law and the right to fair and equal treatment in the workplace
"Women officers have worked shoulder to shoulder with their men counterparts in every walk of service. The supposed explanations based on duties at sea or Russian vessels are devices adopted to justify an action which is not germane to the proper discharge of duties and the maintenance of discipline among members of the Armed Forces."