Abstract:
Women’s roles in the military have changed over time, moving from mostly supporting duties to full participation in combat and leadership responsibilities. The granting of a Permanent Commission (PC) to female officers is a crucial step towards establishing gender equality within the armed forces. This abstract delves into the historical journey of women officers’ struggle for PC in the Indian Army, Navy, and Air Force.
Initially, women officers faced eligibility restrictions under the Army Act of 1950, Navy Act of 1957, and Air Force Act of 1950, which excluded them from enrolment or employment in their respective forces. However, in the early 1990s, significant changes were introduced, providing opportunities for women officers to join specific cadres under Short Service Commission (SSC) – a limited-time tenure.
Legal battles ensued, with women officers persistently challenging discriminatory policies. The Delhi High Court and the Supreme Court played vital roles in shaping gender equality in the armed forces. Landmark judgments paved the way for women officers to be considered for PC, even after serving on an SSC basis. Subsequent developments witnessed policy changes that extended PC eligibility and recognized women officers’ dedication and competence. In 2019, the Union Government issued orders allowing women officers to be inducted into combat support services on a PC basis, marking a significant step toward gender parity. Granting PC to women officers in all ten branches of the Indian Army signified a remarkable victory against gender stereotypes and discrimination, establishing inclusivity and equal opportunities. These progressive reforms underscore the invaluable contribution of women officers in defending the nation and breaking the barriers of gender bias.
The transformative journey toward permanent commission stands as a testament to the resilience and determination of women officers and a significant stride toward more inclusive and diverse armed forces.
History:
The inception of the Indian Military Nursing Services dates back to 1888, marking a significant turning point for women’s involvement in the armed forces. During World War I, the nurses of the Indian Army displayed exceptional dedication and service. The Women’s Auxiliary Corps was formed as time progressed, allowing women to serve in non-combatant roles. One notable figure from World War II was Noor Inayat Khan, a remarkable British secret agent of Indian origin. She was the first female radio operator sent into Nazi-occupied France by the Special Operations Executive (SOE) but tragically got captured and executed by the Gestapo.
In the later years, the Air Force Act of 1950 and the Navy Act of 1957 initially restricted women from serving in various roles within the Indian Air Force and Navy, respectively. However, specific notifications were issued over time to allow women’s enrollment and employment in certain branches like logistics, law, and education, but only under a Short Service Commission, not a Permanent Commission. Similarly, Section 12 of the Army Act, of 1950, barred women from joining the Army, except in specific areas permitted by the Central Government through official gazette notifications. In January 1992, a list was issued, outlining the areas where female officers could be employed in the Army.
Over the years, women officers in the Indian Armed Forces persevered through legal battles to gain the right to permanent commission, securing more opportunities for women’s service in the defense forces.
The Apex of the Revolution
The catalyst for this transformative change can be traced back to when women officers recognized the inequality between male and female officers in the Armed Forces. Both male and female officers initially chose the Short Service Commission (SSC). However, after completing 14 years of service, male officers were allowed to apply for a Permanent Commission (PC), while female officers were denied this opportunity, facing discrimination. This discriminatory trend sparked numerous litigations, which, in turn, led to an essential shift in the defense sector. The judiciary played a crucial role in interpreting this issue in the right direction, ultimately bringing about this significant change.
The Indian Navy
In February 1999, the Union Government took a significant step by outlining rules for granting Permanent Commissions (PC) to female officers in the Indian Navy. According to the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963, female officers with Short Service Commission (SSC) could be considered for PC based on vacancies in the stabilized cadre. However, despite these regulations, no female officers were initially granted PC; instead, they were offered SSC extensions. Female SSC officers who had filed cases before the High Court and the Armed Forces Tribunal were later considered for PC based on available vacancies at the time of judgments. In September 2008, the Union Government issued a policy letter offering a restricted opportunity for female officers to obtain PC in the Indian Navy, addressing the long-standing issue of inequality faced by them. This marked a significant development in enabling female officers to have a permanent role in the Indian Armed Forces.
The situation regarding the grant of Permanent Commission (PC) to female officers in the Indian Navy had two significant restrictions:
1. Prospective Policy: The policy introduced in September 2008 only applies to future cases and not retrospectively. It meant that women would be offered a PC only from September 2008 onwards.
2. Limited to Specific Cadres and Branches: Unlike the notification of 1998 that allowed PC to female officers in all four branches of the Navy, the 2008 policy restricted the grant of PC to specific cadres and branches, such as the Judge Advocate General cadre, Naval Constructor cadre, and Education branch.
In the case of Lt. Cdr. Annie Nagaraja & ors. v Union of India, the Delhi High Court ruled that SSC officers of the Navy who had opted for but were not granted a permanent commission should be granted PC within a period of six weeks, even if they had attained the age of retirement during the pendency of the petitions.
The Armed Forces Tribunal (AFT) took a different approach and stated that it lacked sufficient information to decide on the grant of a permanent commission, leaving the decision to the relevant authorities. However, the AFT held that until a decision was made, women could continue as SSC officers under the existing terms and conditions.
The respondents appealed against this AFT order in the Supreme Court. The Supreme Court ruled that the provisions of the implementation guidelines dated 3 December 2008, which made the policy prospective and restricted it to specified cadres, were quashed and set aside.
As a result, all SSC officers in the Education, Law, and Logistics cadres who were currently in service would be considered for the grant of PCs. The right to be considered for the grant of PCs arose from the policy letter dated 25 February 1999, read with Regulation 203 of Chapter IX Part III of the 1963 Regulations. Additionally, SSC women officers who had filed cases before the High Court and the AFT and were currently in service would also be considered for the grant of PCs based on the vacant positions as of the date of the judgments of the Delhi High Court and the AFT or the current vacant positions, whichever is higher.
Furthermore, the period of service after which women SSC officers would be entitled to submit applications for the grant of PCs would be the same as their male counterparts.
The Indian Air Force
Section 12 of the Indian Air Force Act, of 1950, initially rendered women officers ineligible to serve in the Air Force, except in specified corps, departments, branches, or bodies attached to the Air Force, as designated by the Central Government through notification. In November 1991, the Central Government took a step forward by issuing a notification that made certain wings of the Air Force eligible for the enrollment and employment of female officers. However, all female officers were employed on a short service commission (SSC) basis and not on a permanent commission. The Division Bench of the court considered the entitlement of women officers who were granted short service commissions in both the Indian Air Force and the Army. This pertained to their claim for the conversion of their commission from short service to permanent commission. The Division Bench noted that the women officers who were petitioners before the court had initially joined the Air Force and the Army as Short Service Commissioned Officers, with an initial period of service of five years, which was later extended up to a maximum of 14 years.
Wing Commander Jasmine Kaur was one of the pioneering female officers who filed a writ petition seeking eligibility for the grant of Permanent Commission for female officers on SSC (Jasmine Kaur vs. Union of India WP (C) 8492/2009). In 2010, the case was adjudicated in favor of granting a Permanent Commission to women officers, marking a significant milestone and paving the way forward for equality and opportunities for female officers in the Indian Air Force.
The Indian Army
Section 12 of the Army Act, 1950 initially barred women officers from enrolling or being employed in the Army. However, in January 1992, the Union Government made amendments to the policy, allowing women to be eligible for enrolment in certain cadres/branches of the Army under the Short Service Commission (SSC). These cadres/branches were:
1. Army Postal Service
2. Judge Advocate General’s Department
3. Army Education Corps
4. Army Ordnance Corps (Central Ammunition Depots and Material Management)
5. Army Service Corps (Food Scientists and Catering Officers)
Subsequently, in December 1992, another notification expanded the opportunities for women officers by allowing them to enroll in five more branches:
1. Corps of Signals
2. Electrical and Mechanical Engineering
3. Engineers
4. Intelligence Corps
5. Regiment of Artillery
In 2003, advocate Babita Puniya filed a public interest litigation as a writ petition, urging the court to grant permanent commission to women officers enrolled on short service, citing gender inequalities in the Army. Other petitions from the armed forces seeking the same outcome joined this plea. Under the Women Special Entry Scheme (WSES), recruits had shorter pre-commission training compared to their male counterparts commissioned under the Short Service Commission (SSC) scheme. In 2005, the Ministry of Defence issued a notification extending the validity of appointment schemes for women officers and discontinued the WSES, making women eligible to be inducted into the armed forces through SSC just like their male counterparts.
In July 2006, the President sanctioned two circulars, allowing women then serving under the WSES scheme to move to the SSC scheme. Additionally, women serving under the SSC scheme were allowed to serve for a maximum of 14 years tenure. On 16th October, Major Leena Gaurav moved to the court challenging the July 2006 notification, seeking Permanent Commission (PC) for women officers. In 2007, Lt. Col. Seema Singh also approached the court regarding the same issue.
In 2008, the Centre granted permanent commissions to women officers prospectively in only two departments: Army Education Corps and Judge Advocate General. Major Sandhya Yadav and others challenged this act, arguing that it offered PC only to prospective candidates and only in two departments. In March 2010, the Delhi High Court combined all the pending petitions and ruled that women who were already serving under SSC should be offered PC after five years of service, along with all other consequential benefits, within two months of the court’s order. This marked a significant step towards addressing gender disparities in the Army and granting equal opportunities to women officers.
Women officers have had a long and difficult journey in the Indian Armed Forces, which includes the Army, Navy, and Air Force. This path has been characterized by struggles against gender discrimination. However, great progress has been achieved toward attaining gender equality and providing equal opportunity to women in the defense industry via persistent efforts and legal challenges. The Supreme Court’s historic rulings have been essential in removing discrimination against women in the workplace and guaranteeing that they receive the same respect as males. The Union Government was ordered to issue PC to all qualified women officers, regardless of their prior service on a Short Service Commission (SSC), after the court affirmed the rights of women officers to be considered for PC after serving on an SSC basis.
The judgments also emphasized the importance of not enforcing discriminatory clauses and providing all consequential benefits to women officers on par with male officers. As a result, women officers have been granted PC in all ten branches of the Indian Army, marking a significant victory against gender stereotypes and discrimination prevalent in society.
Conclusion
The accomplishments of female commanders in the armed forces serve as an example and set the standard for gender equality in many areas of life. All women, inside and outside the armed forces, can benefit from their victory over prejudice by being inspired to speak up against injustices and confidently pursue their goals. Overall, it is encouraging to see that society is becoming more inclusive and egalitarian as a result of the progress made in providing women officers in the armed forces with equal opportunity. The fight for gender equality is still ongoing, but these successes open the door to a better future when gender barriers are eliminated and everyone may contribute to the development and prosperity of the country without facing prejudice.
References:
Section 12 of The Air Force Act, 1950
Section 9(2) of The Navy Act, 1957
Section 12 of The Army Act, 1950
Regulation 203 of the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963
Keywords:
1. Permanent Commission (PC)
2. Army Act 1950
3. Navy Act 1957
4. Air Force Act 1950
5. Short Service Commission (SSC)
6. Landmark Judgments
7. Discriminatory Policies
8. Combat Support Services(CSS)
9. Inclusivity
10. Gender Stereotypes
11. Empowerment
12. Gender Bias
This article is written by Ankit prakash,Presidency university, Bangalore,Course: BBA LLB(4th year) during his internship.
