DH Deciphers | Decoding the SC ruling on permanent commission for women in army

The Supreme Court has described as "systemic discrimination" the evaluation criteria set by the Indian Army for granting permanent commission to women officers. The judgement, delivered on March 25, 2021, is the most important milestone in women's fight for a level-playing field in army jobs. Here's what you need to know:

What does permanent commission mean?

The army has two types of career options for officers: short service commission (SSC) and permanent commission. The short service commission is for five, 10 and 14 years while permanent commission allows officers to serve until they retire. In 2003, some women officers filed a writ petition in the Delhi High Court seeking a level-playing field in army recruitment. The court delivered its judgement on March 12, 2010, ruling in women's favour.

What happened then?

The Defence Ministry went in for appeal in the Supreme Court. While the top court didn't stay the Delhi High Court order, the ministry kept the matter pending for another nine years. It was only on February 25, 2019, that the ministry allowed permanent commission to women officers in eight wings — Signals, Army Aviation, Army Air Defence, Electronics, Army Service Corps, Mechanical Engineering, Army Ordnance Corps and Intelligence — apart from two existing wings Judge Advocate General and Army Education Corps. A year later, on February 17, 2020, the top court directed giving permanent commission to women officers, rejecting the government's stand on their physiological limitations.

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But why did the matter reach the Supreme Court again?

General instructions issued by the army on August 1, 2020, stipulated that a special selection board would be held for screening women officers applying for permanent commission "on the same terms and criteria as their male counterparts". This meant that out of 615 eligible women officers, only 277 were found fit on merit and medical criteria, and received permanent commission. Forty-two were found to be of temporary low medical category and 35 were rejected for not meeting the medical criteria. Women officers appealed to the Supreme Court.

What has the Supreme Court declared now?

The court held as "arbitrary and irrational" the benchmarking of women SSC officers with the officers lowest in merit in the corresponding male batch.

The court ruled that all women officers who met the cut-off grade of 60% in the selection board held in September 2020 shall be entitled to permanent commission. While the medical criteria for women officers are not arbitrary per se, these must be modulated to account for the advancement of age. A reduction of medical fitness below the present norm as a consequence of age or the tribulations of service is not a necessary detriment to the army when similarly aged male officers with permanent commission (invariably granted in the fifth or tenth year of service) no longer have to meet these rigorous medical standards for continuing in service, the court ruled.

So what's next?

All serving female officers can now apply for permanent commission after serving in the army for the same number of years as male officers. Women officers who don’t want to be considered, or do not get permanent commission, can continue in service until their term ends, or until they reach the age of pensionable retirement. They would be entitled to all consequential benefits, including the grant of time-scale promotions.