M A I N   N E W S

Permanent Commission
Submit rules that bar women: SC to Army
R Sedhuraman
Legal Correspondent

New Delhi, July 26
The Supreme Court today asked the Army to produce within a week the relevant rules that prevented it from granting permanent commission to women even as the Centre argued that it was a policy decision not to allow such a facility.

A Bench comprising Justices JM Panchal and Gyan Sudha Misra granted time to the Army after Additional Solicitor General Parag Tripathi said instructions issued on August 1, 1996, under Rule 15 of the Army Act debarred grant of permanent commission to women officers.

Arguing on the Army’s appeal against the March 12 verdict of the Delhi High Court, the ASG said the HC had failed to consider this legal provision while directing grant of permanent commission to women.

The Bench felt the provision amounted to discrimination and as such violated Article 14 of the Constitution. The ASG argued that if it was so it had to be struck down by the court before asking the Army to grant such a commission to women officers. The provision could not be circumvented in any case, Tripathi contended.

Counsel Meenakshi Lekhi and Rekha Palli, both appearing for some of the affected women officers, said the Army had already relieved some of them on May 28 this year. Upon this, the Bench listed the matter for next hearing on August 2.

Tripathi said the question whether women were entitled to permanent commission could be decided only after considering the scheme of the Constitution and the Army Act. This was a scheme which had an impact on the disciplinary structure of the Army. Women were allowed only in certain areas such as education and medicine to prevent the enemy from capturing them as prisoners of war.

Justice Panchal wanted to know why the Army had taken a contrary stand when the Air Force had given a report stating that it would grant permanent commission. Tripathi said the service conditions in the Army were different.

The Bench felt if the instructions had not been issued through a notification these would not be binding in nature. The ASG said he would put the factual position in an affidavit for which a week’s time was granted.