'Women can't be left out': SC on permanent commission in Coast Guard

The Supreme Court has asked the Centre to come up with a gender-neutral policy on the issue

The Supreme Court (SC) on Monday said that women cannot be left out and that if the Centre does not act on existing norms, the judiciary will be compelled to take action in response to a woman Coast Guard officer's permanent commission petition.

Chief Justice of India (CJI) D Y Chandrachud, who heard the case earlier today, cautioned that if the government does not take the necessary steps willingly, the court will intervene to ensure gender equality in the said defence service.

The top court was hearing a plea by a woman officer of the Indian Coast Guard (ICG) seeking a grant of permanent commission to eligible women short-service commission officers of the force.

Appearing for the Centre, Attorney General R Venkataramani informed the bench that the Coast Guard operates a "little differently from the Army and Navy."

To which, the CJI said that arguments over functionality and similarity factors are not valid excuses for excluding women. "All this functionality, etc. arguments do not hold water in 2024. Women cannot be left out. If you do not do it, we will do it. So, have a look at that," he said.

In response to the arguments given, the bench has asked the Centre to file a response and set the next hearing for March 1.

A three-judge bench led by CJI Chandrachud had earlier slammed the Centre and the ICG for denying women officers the permanent commission, stating that the maritime force must come up with a policy that treats women "fairly."

The bench led by CJI Chandrachud, comprising Justices J B Pardiwala and Manoj Misra, had stressed that the Coast Guard could not be ruled out on the criterion when the Navy and Army have fallen in line with granting permanent commissions to women officers.

The court even called out the Centre over the "patriarchal attitude of the Coast Guard."

"You speak of 'Nari Shakti Nari Shakti,' now show it here. You are at the deep end of the sea here. I don't think the Coast Guard can say they can fall out of line when the Army and Navy have done it all. You all have not read the Babita Punia judgement so far," the bench stated.

In the Babita Punia case, the Supreme Court ruled that women Short Service Commission officers have the same right to a permanent commission as their male counterparts.

The court made the statement while hearing a plea filed by Priyanka Tyagi, a short-service appointment officer who was denied the opportunity to be considered for the permanent commission despite having served 14 years with an impeccable record.

The petition in question was filed by the Coast Guard officer, indicating that she is likely to challenge some aspect of gender discrimination or inequality within the defence service.