JOIN US×
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Military's paternalistic hangover
Struggle for equity: Armed forces reluctance to give women permanent commission stinks of gender bias
Last Updated 12 September 2015, 18:37 IST
The Delhi High Court verdict ruling that the Navy must grant permanent commission for women should be an eye-opener for the armed forces. Though the Army and Air Force were forced to give permanent commission to women due to judicial intervention, the Navy was not forthcoming. Still, the HC verdict does not mean the path is smooth for women. They are still not considered for combat role though many countries are now inducting women in these spheres. This calls for a change in mindset.
“Nature gave women too much power; the law gives them too little”
Will Henry, American author
Thus began Justice Sanjay Kishan Kaul’s 2010 judgment which, for the first time, opened the doors for women officers to receive permanent commission in the armed forces. But it was not enough. Only the Air Force complied with the Delhi High Court order. While the Army challenged the verdict in the Supreme Court, the Navy ducked under a procedural excuse.
Five years later, another verdict from the same court pushed the door ajar for women in the naval services in non-combat branches.
Since September 2008, the Navy had a policy of giving permanent commission (PC) to women in three branches - education, law and naval constructors. The Delhi High Court has now asked them to extend the opportunity in logistics and air traffic controller branches, too.
The court gave the Navy six weeks to comply with its order and directed it to approach officers who had to retire after 14 years in the absence of a policy, but were otherwise eligible.
The military is traditionally considered a place for only the able-bodied men. Globally, the situation began to change from World War II onwards but the Indian government woke up to the reality only in the early 1990s when women were allowed entry to a few non-combat branches as short service commission (SSC) officers. The service was for a limited period with no pension benefits.
In November 1991, the Defence Ministry issued a circular allowing entry of women officers in non-technical ground duty branches for five years on trial basis. The Navy, too, recruited the first batch of women officers in 1991. The idea was to review the scheme after five years and promulgate a policy by 1997. But it did not happen.
The IAF intake was in administration, logistics, accounts, meteorology and education branches. After five years, they were to be offered a PC and if they were not willing, then the women officers were to be granted another six years of extension in the SSC.
At the end of five years, women officers were denied PC. Instead, their service period under the SSC was extended. There was complete silence at the top.
After the Kargil episode, a committee headed by former defence secretary Ajai Vikram Singh was formed to overhaul the cadre management system so that large number of young officers can lead the troops in the front.
Following this report, the IAF tweaked its human resource policy and decided to maintain a lean PC cadre, supported by a large number of SSC officers.
It was decided that the SSC officers, both men and women, were not to be granted PC. While the court did not dispute the rationale of the panel's recommendations, it clearly pointed out to the IAF that suddenly, new factors cannot be brought into service conditions, contradicting the recruitment advertisement on the basis of which the girls had applied.
For the Army, the case was a little different as there was no written policy. The High Court found no reason why a women SSC officer serving in the education or law branches for 14 years would not be considered for a PC unlike her male colleague.
It said women officers in the Army, too, have a legitimate expectation of getting fair treatment from the government.
The court noted that it could not select the branches where women officers would serve, but once a policy decision was taken to appoint woman recruits in certain branches, there should not be any discrimination on the basis of their gender. That would be unconstitutional.
The issues are likely to be debated once again in the court as the case of Lt Col Mitali Madhumita would come up in the Supreme Court next week.
Madhumita is the only woman officer to receive a gallantry award for her role during the 2010 terrorist attack on the Indian Embassy in Kabul. She initially declined the PC offer but when she changed her mind, the Defence Ministry said no.
Madhumita challenged the decision in the Armed Forces Tribunal and won. But the ministry dragged her to the Supreme Court.
Dragging feet
Madhumita, whose SSC term expired in March 2014, was allowed to continue in service by the tribunal but without pay. Even after the tribunal’s final verdict, the government did not release her benefits and gave her a temporary extension till December 16, 2015.
More than 3,200 women officers are working in the armed forces with close to 1,500 in the Army alone. So far, 340 women officers were given PC, all of them in the IAF.
A petition was filed by 17 naval officers soon after the 2010 ruling. Eight of them were released by the Navy after 14 years of service while another eight obtained stay from the court against their release order. The Navy’s only argument for denial of PC to women officers was the absence of a policy.
“We fail to comprehend that when these petitioners along with the male officers had undertaken the same kind of training, why were they denied PC though the men were granted the PC with no special merit except for the fact that they belong to the male gender. If this does not tantamount to gender discrimination, then what else does?” states the September 2015 judgment by Justice Kailash Gambhir and Justice Nazmi Waziri.
Interestingly, women are allowed to fly helicopters in the Air Force, but not in the Navy. The logic is, flying naval helicopters involves landing on the deck and stay on-board. A 1999 order asking cadets to serve on-board and its successful execution was forgotten.
No doubt, some progress has been made in the last two decades, but women are still not considered for combat roles, following the recommendations of a panel of three service chiefs that gave its report a decade ago.
HURDLES FOR WOMEN AT EVREY STEP IN ARMED FORCES
Army
No policy decision and hence the plea why take a different position in Army
Difference in training: 6 months for SSC women officers, 9 months for SSC men and 18
months for PC
Policy decision in July 2006: Women officers were earlier released as Captain; they were given the option of promotion up to Major (after 6 years) and Lt Col (after 13 years of service). Seniority was suppressed by the difference in training period.
AV Singh Committee report suggested large SSC cadre and lean PC cadre
Army appealed against the 2010 HC decision in Supreme Court
Pending the appeal, Army is not retiring SSC women officers after 14 years
November 25, 1991: Mnistry of Defence MoD circular on the induction of women (Short Service Commission) in IAF for non-technical ground duty branches for five year; to be reviewed after 5 years
Intake was to be restricted to 10 per cent of officer vacancies in administration, logistics, accounts, meteorology and education branches
At the end of 5 years, suitable women officers would be offered permanent commission(PC). If they are not keen for a PC, they would be granted
six years’ extension, depending on their willingness
Minimum age limit of 22-26 for officers, 20-25 years for non-graduates
relaxed for those having higher degrees like PhD, MTech and MEd degree holders
Change of IAF human resources policy in May 2006, following the AV Singh Committee report on cadre management
IAF says it does not need permanently commissioned women officers and laid the guidelines for extension of SSC
Change of policy was challenged in the court
Navy
17 petitioners approach Delhi HC
8 were released after 14 yrs of service, 8 serving as retirement order was stayed
1991: Navy began taking women in short service
MoD decision in September 2008 to grant PC to women, prospectively in all three forces in non-combat branches
First batch of navy officers who were inducted in 2009 now eligible for PC
A February 1999 decision by the navy allowed women officers to serve on the ships
INS Shivalik (2010) onwards, naval ships have women-friendly facilities
Initially, women were barred from serving on the ships
Sept 2015: Delhi High Court gives relief to petitioners, asks Navy to provide PC to women
From the 2015 Delhi HC judgement
Grievance
After having completed 14 years of service as SSC officers, they were not granted PC
Instead, they were released from service unlike in the case of women SSC officers of Army and Air Force who have been given PC in the very branches where they were granted SSC as per March 2010 order of Delhi HC
Argument
This relates to an issue of gender bias and violation of fundamental rights of women being commissioned in the Navy
Counter Argument by Government
Neither do petitioners have any legal right and nor does the govt have any corresponding obligation to grant PC to those who had consciously accepted SSC for a limited period of service
What Court Said
During the last Republic Day parade, the government was proud to showcase “women power” but in reality, the picture is entirely different. Firstly, the women officers are still not allowed to join combat units unlike the countries like in Israel and US.
In the US, women were allowed in combat roles as recently as in 2013 after it lifted the 1994 ban on women in direct combat roles. In 1995, Norway became the first country to allow women to serve on submarines.
Russian women have been fighting in combat since World War I but had no role in the Soviet military which was closed for women, including in sniper duties, machine gunners, tanks and fighter pilots
No doubt, India took a major step in allowing women to apply for the armed forces but the country is still lagging behind compared to many other countries in having women in command of military units
are here not dealing with the issue of women being denied combat roles, but here the more disturbing question is that in the three separate branches of executive where the women had served as Short Service Commissioned Officers for a period of 14 years but not granted PC
Scenario : IAF Fully implemented the March 2010 judgment granting PC
Army Challenged the judgement before Supreme Court but no stay has been granted
“Nature gave women too much power; the law gives them too little”
Will Henry, American author
Thus began Justice Sanjay Kishan Kaul’s 2010 judgment which, for the first time, opened the doors for women officers to receive permanent commission in the armed forces. But it was not enough. Only the Air Force complied with the Delhi High Court order. While the Army challenged the verdict in the Supreme Court, the Navy ducked under a procedural excuse.
Five years later, another verdict from the same court pushed the door ajar for women in the naval services in non-combat branches.
Since September 2008, the Navy had a policy of giving permanent commission (PC) to women in three branches - education, law and naval constructors. The Delhi High Court has now asked them to extend the opportunity in logistics and air traffic controller branches, too.
The court gave the Navy six weeks to comply with its order and directed it to approach officers who had to retire after 14 years in the absence of a policy, but were otherwise eligible.
The military is traditionally considered a place for only the able-bodied men. Globally, the situation began to change from World War II onwards but the Indian government woke up to the reality only in the early 1990s when women were allowed entry to a few non-combat branches as short service commission (SSC) officers. The service was for a limited period with no pension benefits.
In November 1991, the Defence Ministry issued a circular allowing entry of women officers in non-technical ground duty branches for five years on trial basis. The Navy, too, recruited the first batch of women officers in 1991. The idea was to review the scheme after five years and promulgate a policy by 1997. But it did not happen.
The IAF intake was in administration, logistics, accounts, meteorology and education branches. After five years, they were to be offered a PC and if they were not willing, then the women officers were to be granted another six years of extension in the SSC.
At the end of five years, women officers were denied PC. Instead, their service period under the SSC was extended. There was complete silence at the top.
After the Kargil episode, a committee headed by former defence secretary Ajai Vikram Singh was formed to overhaul the cadre management system so that large number of young officers can lead the troops in the front.
Following this report, the IAF tweaked its human resource policy and decided to maintain a lean PC cadre, supported by a large number of SSC officers.
It was decided that the SSC officers, both men and women, were not to be granted PC. While the court did not dispute the rationale of the panel's recommendations, it clearly pointed out to the IAF that suddenly, new factors cannot be brought into service conditions, contradicting the recruitment advertisement on the basis of which the girls had applied.
For the Army, the case was a little different as there was no written policy. The High Court found no reason why a women SSC officer serving in the education or law branches for 14 years would not be considered for a PC unlike her male colleague.
It said women officers in the Army, too, have a legitimate expectation of getting fair treatment from the government.
The court noted that it could not select the branches where women officers would serve, but once a policy decision was taken to appoint woman recruits in certain branches, there should not be any discrimination on the basis of their gender. That would be unconstitutional.
The issues are likely to be debated once again in the court as the case of Lt Col Mitali Madhumita would come up in the Supreme Court next week.
Madhumita is the only woman officer to receive a gallantry award for her role during the 2010 terrorist attack on the Indian Embassy in Kabul. She initially declined the PC offer but when she changed her mind, the Defence Ministry said no.
Madhumita challenged the decision in the Armed Forces Tribunal and won. But the ministry dragged her to the Supreme Court.
Dragging feet
Madhumita, whose SSC term expired in March 2014, was allowed to continue in service by the tribunal but without pay. Even after the tribunal’s final verdict, the government did not release her benefits and gave her a temporary extension till December 16, 2015.
More than 3,200 women officers are working in the armed forces with close to 1,500 in the Army alone. So far, 340 women officers were given PC, all of them in the IAF.
A petition was filed by 17 naval officers soon after the 2010 ruling. Eight of them were released by the Navy after 14 years of service while another eight obtained stay from the court against their release order. The Navy’s only argument for denial of PC to women officers was the absence of a policy.
“We fail to comprehend that when these petitioners along with the male officers had undertaken the same kind of training, why were they denied PC though the men were granted the PC with no special merit except for the fact that they belong to the male gender. If this does not tantamount to gender discrimination, then what else does?” states the September 2015 judgment by Justice Kailash Gambhir and Justice Nazmi Waziri.
Interestingly, women are allowed to fly helicopters in the Air Force, but not in the Navy. The logic is, flying naval helicopters involves landing on the deck and stay on-board. A 1999 order asking cadets to serve on-board and its successful execution was forgotten.
No doubt, some progress has been made in the last two decades, but women are still not considered for combat roles, following the recommendations of a panel of three service chiefs that gave its report a decade ago.
HURDLES FOR WOMEN AT EVREY STEP IN ARMED FORCES
Army
No policy decision and hence the plea why take a different position in Army
Difference in training: 6 months for SSC women officers, 9 months for SSC men and 18
months for PC
Policy decision in July 2006: Women officers were earlier released as Captain; they were given the option of promotion up to Major (after 6 years) and Lt Col (after 13 years of service). Seniority was suppressed by the difference in training period.
AV Singh Committee report suggested large SSC cadre and lean PC cadre
Army appealed against the 2010 HC decision in Supreme Court
Pending the appeal, Army is not retiring SSC women officers after 14 years
November 25, 1991: Mnistry of Defence MoD circular on the induction of women (Short Service Commission) in IAF for non-technical ground duty branches for five year; to be reviewed after 5 years
Intake was to be restricted to 10 per cent of officer vacancies in administration, logistics, accounts, meteorology and education branches
At the end of 5 years, suitable women officers would be offered permanent commission(PC). If they are not keen for a PC, they would be granted
six years’ extension, depending on their willingness
Minimum age limit of 22-26 for officers, 20-25 years for non-graduates
relaxed for those having higher degrees like PhD, MTech and MEd degree holders
Change of IAF human resources policy in May 2006, following the AV Singh Committee report on cadre management
IAF says it does not need permanently commissioned women officers and laid the guidelines for extension of SSC
Change of policy was challenged in the court
Navy
17 petitioners approach Delhi HC
8 were released after 14 yrs of service, 8 serving as retirement order was stayed
1991: Navy began taking women in short service
MoD decision in September 2008 to grant PC to women, prospectively in all three forces in non-combat branches
First batch of navy officers who were inducted in 2009 now eligible for PC
A February 1999 decision by the navy allowed women officers to serve on the ships
INS Shivalik (2010) onwards, naval ships have women-friendly facilities
Initially, women were barred from serving on the ships
Sept 2015: Delhi High Court gives relief to petitioners, asks Navy to provide PC to women
From the 2015 Delhi HC judgement
Grievance
After having completed 14 years of service as SSC officers, they were not granted PC
Instead, they were released from service unlike in the case of women SSC officers of Army and Air Force who have been given PC in the very branches where they were granted SSC as per March 2010 order of Delhi HC
Argument
This relates to an issue of gender bias and violation of fundamental rights of women being commissioned in the Navy
Counter Argument by Government
Neither do petitioners have any legal right and nor does the govt have any corresponding obligation to grant PC to those who had consciously accepted SSC for a limited period of service
What Court Said
During the last Republic Day parade, the government was proud to showcase “women power” but in reality, the picture is entirely different. Firstly, the women officers are still not allowed to join combat units unlike the countries like in Israel and US.
In the US, women were allowed in combat roles as recently as in 2013 after it lifted the 1994 ban on women in direct combat roles. In 1995, Norway became the first country to allow women to serve on submarines.
Russian women have been fighting in combat since World War I but had no role in the Soviet military which was closed for women, including in sniper duties, machine gunners, tanks and fighter pilots
No doubt, India took a major step in allowing women to apply for the armed forces but the country is still lagging behind compared to many other countries in having women in command of military units
are here not dealing with the issue of women being denied combat roles, but here the more disturbing question is that in the three separate branches of executive where the women had served as Short Service Commissioned Officers for a period of 14 years but not granted PC
Scenario : IAF Fully implemented the March 2010 judgment granting PC
Army Challenged the judgement before Supreme Court but no stay has been granted
ADVERTISEMENT
(Published 12 September 2015, 18:03 IST)
ADVERTISEMENT
ADVERTISEMENT