Did you know that women can take the admission exam to the National Defence Academy (NDA)?

The Supreme Court has passed a temporary order allowing women candidates to appear for the NDA examination. The Court further asked the Union Public Service Commission (UPSC) to give the court order wide publicity.

Here are some other instances where courts have upheld gender equality in the Indian armed forces:

Granting Permanent Commission to women

Permanent Commission (PC) allows officers to serve in the armed forces till they retire. This is different from Short Service Commission (SSC), which is for a specific period of 10 or 14 years.

In a 2010 decision, the Delhi High Court granted PC to women serving as SSC officers in the Army and Air Force. The Air Force implemented the decision, but the Army appealed against the judgement and approached the Supreme Court.

Upholding the 2010 Delhi judgement, the Supreme Court on February 17, 2020 said that female SSC officers are also eligible to get PC in the Army, which was previously only granted to male officers. In its judgement, the Court criticised societal stereotypes that discriminate against women based on gender. The Court criticised the denial of PC based on flawed reasons of physiological differences between men and women, which portray women as the weaker sex. The Court held that differentiating women’s abilities based on gender is against the fundamental right of equality and dignity under the Constitution of India, 1950.

In its following judgement on March 17, 2020, the Court said that female SSC officers of the Navy can be granted PC, just like their male counterparts.

Ensuring a fair evaluation criteria for granting PC to female officers

Later in 2020, the Supreme Court noted that the Indian army’s evaluation criteria for granting PC for female officers is arbitrary and irrational. The Court recognized that societal structures have been created by men and for men. When the law itself is structured towards a male standpoint, the court cannot apply it as it is to women, and adjustments are necessary to rebuild the structures of an equal society. 

The Supreme Court also said that these adjustments and amendments are not concessions for a category of people, but are remedies to compensate for the years of suppression of opportunities which should have been granted to women.

The Court said that selective evaluation and improper implementation of the medical fitness criterion discriminates against female SSC officers and the pattern of evaluation causes economic and psychological harm to them.

The Court invalidated the army’s administrative practice of measuring female SCC officers against the lowest ranked male officers in their batch. It said that all female officers with the required 60% cut-off grade can get PC, subject to medical criteria and disciplinary clearance.