RIGHT TO EQUALITY WITH SPECIAL REFERENCE TO RIGHT OF WOMEN OFFICERS IN ARMED FORCES BY - MS. AMANDEEP KAUR
RIGHT TO
EQUALITY WITH SPECIAL REFERENCE TO RIGHT OF WOMEN OFFICERS IN ARMED FORCES
AUTHORED BY
- 1MS. AMANDEEP KAUR,
1Assistant Professor, UIL, Sant Baba Bhag Singh
University
Abstract
Equality word suggests that all are
standing on the same pedestrian however, when it comes to women, it holds no
significance. Women are still behind, marginalized part of the society. It has
been 76 years of independence, but India is still lagging behind in giving
their women officers permanent commission. The right to equality has guaranteed
them to try their luck in the armed forces, however the right is not capable of
making women officers to go to war and achieve permanent commissions in the
armed forces. The researcher in this paper tries to delve into the question
whether the women officers enjoy equal rights as men officers in armed forces?
Research is based on doctrinal method where researcher has gone through
legislations, statutes judicial decisions and other related books to arrive at
conclusion. Since many women officers are yearning to serve armed forces as
long as fellow men officers do, they must be given an opportunity to prove
their mettle on battlefields and granting them permanent commission can be
reward to their victory.
Keywords: Equality;
women; armed forces; permanent commission.
Introduction:
For women there has always a
sociological perspective attached to them. They are considered as “life givers”
not “life takers”. They are considered vulnerable and fragile. This is the main
obstacle which is standing in the way of women who are seeking equality of
opportunities at their workplace. Also they try to find a satisfactory answer
as to why wars and arms are only the man’s affair. These questions have gained
much of spotlight in current time period and would remain as it is if the armed
forces would not change with changing needs of the society.
However the question is not all about
women officers in armed forces as combat warriors or as permanent officers but
also allow us to focus on constitutional aspect of women equality in armed
forces. Our constitution guarantees women equal rights and prohibits
discrimination on the basis on gender as well. India has attained its
independence on 15th August, 1947.Since then India has been labelled as free
country. The fight against British army was not at all cake walk, it has to
sacrifice its greatest of sons/ daughters the motherland could ever have. The
contribution given in for the independence was not at all gender specific. Be
it man or a woman everyone fought for the independence with bravery, courage
and zeal. It has earned the title of world’s largest democracy thereafter. It
has made itself self-sufficient if we talk about economically, politically and
socially. It has not only fought with British army but with its own societal
norms to step ahead of what it is before. It tried to bring every change
possible for its development. However in its race to become developed nation
one of the most difficult hurdles was to bring gender equality. For bringing
women and men of the country on the equal pedestrian. Our constitution
guarantees various fundamental rights.
Rights of Women in India:
Article 14:
This article states that no person
shall be denied equality before the law and equal protection of the laws. As
long ago as 1978, the Supreme Court of India, while deciding the case of Maneka
Gandhi v. Union of India, observed that Article 14 enjoins the government not
to take arbitrary action and to ensure justice and equality. The concept of
discretion, which is essential in law and the general idea of ??equality or
non-arbitration, is included in article 14, with absolute power. Barring female
candidates from appearing in the NDA exam for several years on the grounds that
women are not physically equal to men is against Article 14 of the Constitution
of India. The interim order of the Supreme Court of India has stood alongside
several female aspirants who have been facing discrimination in the name of
gender for over several years now thereby putting an end to the same.
Article 15:
This article forbids any kind of
discrimination the basis on gender, caste, creed, religion or place of birth.
The legitimacy of an act under Article 15 is determined by the mode of
operation and impact on fundamental rights, rather than the motivation or goal
of the act. The act is unlawful if the effect of its operation is to
discriminate against citizens on the grounds specified in the Article.
The Centre had told the Supreme Court
in response to Kush Kalra’s petition that women could not claim violation of
any fundamental right for being denied entry to the National Defence Academy or
the Indian Naval Academy because male cadets trained there have no automatic
advantage in future career advancement prospects over women whose only route
into the Army is through short service commission recruitment. According to the
affidavit given by them, the NDA is the only one of the various recruitment
methods in the Indian Armed Forces, where 1,470 officers have been commissioned
into the army, including 670 officers from Indian Military Academy (IMA) and
NDA, as well as officer training academy (OTA), where male and female officers
are recruited through UPSC and non-UPSC mode. These claims were rejected by the
Supreme Court before it passed an order on when women can take the NDA test.
Article 16:
This article guarantees equal
opportunities for all citizens for employment. According to this article,
"equality is the only means of equality of men." It is very obvious
that people are unequal to the role of government, especially because of the
gender they are born with. No argument can support such an unfair conclusion.
Kush Kalara's petition clearly mentions that "gender" is the main
reason for discrimination against women who want to join the Indian Army
through NDA review.
Article 19:
Article 19 of the Constitution of
India enumerates seven freedoms which are essential for the dignity of the individual
and the functioning of the democratic system. According to the petition in
question, the violation of Article 19 (a) and 19 (g) relates to freedom of
speech and expression and the use of any profession or institution.
All these articles are not only right
but also the spirit of Indian society and if any of the articles are violated
then it may be a color of our society. Since the constitution guarantees
equality for women, women have been able to exercise this right. They have come
out of their comfort zones and have tested themselves in all areas. However,
there is one area where acceptance of women is dubious, the military.
With the creation of the Indian
Military Nursing Service in 1888, the role of women in the Indian Army began.
The nurses of the Indian Army played an important role in the First World War.
The role of women in the Indian Army was further enhanced by the establishment
of the Women's Auxiliary Corps, which enabled them to serve in most non-combat
jobs such as communications, accounting, management, etc.
Member of Noor Inayat Khan served in
the IRGC as a spy and rose to prominence during World War II. Although the
British Indian Army was limited to women in most non-combat roles, this was not
the case with the Free India Regiment founded by Subash Chandra Bose. An
all-female regiment, the Rani Jhansi Regiment, saw heavy combat alongside the
Imperial Japanese Army in Burma during the war. In 2015, India reopened its new
air force to women as fighter pilots. Despite all these developments, women in
the Indian Army, who constitute 3% of the Indian Army, are not allowed to
participate in active combat. Only 0.56 percent of the 1.4 million soldiers in
the Indian Army are women. They are slightly higher in the Air Force (1.08
percent) and Navy (6.5 percent).
Significance of the
study:
This study tries to assess the
various rights of women officers in the armed forces have and do not have. To
enquire into the various socio-legal aspects which are rendering women officers
as unequal? By comparing the rights of women officers of armed forces in other
countries with that of Indian Armed forces the study will find lacunae in our
current policies for women officers and suggesting corrective measures for
overcoming such hurdles. Women and society goes hand in hand so is the the
issue of equality for women. Our society have entered into the modern and
technological era, however the society fails to provide women their right
places. All through the stages of modernization and in ancient time as well
they have fighting for their due rights in the society. If we here talks about
the success rate they ae able to achieve it is very low as compared to efforts
they put in roughly providing place to stand in is not equality it should
reflected in the actions as well. Women in military have been fighting for this
very space. They have been proving their mettle since world wars but still
unable to spot a much deserved designation. With this background the study will
create awareness about the rights of women officers in armed forces and its
significance in the society like ours.
Research gap:
After reviewing the available
literature, articles, acts and constitutional provisions as well as examining
the various judicial pronouncements, authors have explained the concept of
rights of women officers in a much limited and brief ways. They mainly focused
their studies on entry of the women officers in armed forces but none of the
scholars focused on other rights which are also essential to uplift the status
of women officers in the armed forces, thus leaving behind lacunae that is need
to be filled. Therefore the researcher wants to bridge this gap by bringing
about the various facets of rights of women officers which deserves the utmost
concentration in order to improve their conditions.
Objectives of the
study:
The objectives of the study are as
followings:
Ø To discuss and analyze the concept of
rights of women officers in the armed forces.
Ø To trace out the history of women in
armed forces nationally and internationally.
Ø To compare and contrast women
officers’ predicament of our nation with that of other developed nations.
Ø To understand various laws, rules and
regulation for the improvement of rights of women officers.
Ø To study and analyze various judicial
pronouncement regarding status of women officers in the armed forces.
Hypothesis:
After observing the problem and
reviewing of existing literature, the hypothesis of the study is that the
rights granted to women officers in armed force are not equal. Besides the fact
that Supreme Court has ordered to open gates of armed forces to potential
women, it is the armed forces that is obstructing the way of women to be in
mainstream. However the armed forces
accepted the entry of women officers in some ways but not all the positions are
opened for women officers. They are not providing equal rights to women
officers as they are providing to all male officers. Along with this the
medical grounds on which women are denied permanent commission stands faulty
and have many loopholes.
Research Questions:
Ø What are the various rights of women
in the armed forces?
Ø What are the various rights which
women officers are not entitled to?
Ø Why the entry of women in the armed
forces is so limited?
Ø What is judicial trend towards women’s
rights in armed forces?
Ø What are different lacunae to be
filled for the betterment of women officers?
Research Methodolgy:
The present research uses doctrinal
method of research. The researcher has gone through extensive study of the
concept by using primary as well as secondary data. The primary data includes
the legislation related to military or armed forces, laws relating to women and
children, laws relating to sexual harassment of women at workplaces and
judicial pronouncements. The secondary data includes books related to
sociological aspect of women’s status in the society, law journals, newspapers
as well as e- newspapers, articles, research papers and websites etc.
Gender discrimination in the military
The evil of discrimination has taken its
roots in almost every workplace including military. Military is considered as
the largest recruiter in almost every country. India too, is a part of this
notion. Military is considered to be men’s place and making a place for women
officers among them is a big challenge to patriarchal society. To be a part of
this institution you have to undergo rigorous tests which would test your
physical as well as mental strength. Be it men or women they all are subjected
to these parameters. Considering the
fact that women are weaker the standards which kept for qualifying are slightly
on lower side. However this does not change the very nature of the rigorous
tests that men as well as women have to pass to earn the uniform. Despite
proving herself in the fields’ women officers are taken to be weaker than male
officers. They are often recruited to other services such as nurses, education
fields, communication etc. they are being denied to be placed as equals to
other male officers. They are not being promoted by the military as often as
fellow male officers. it is unacceptable of male officer to take orders from
female officers. Women officers are being overshadowed by the senior officers
in the military.
Lack of Equal opportunity
As a rule of recruitment of officers
in the armed forces all candidates have to undergo written examination,
physical examination and interview process. After clearing all these stages the
candidates are selected as officers in the armed forces. Women candidates
undergo same examination as men candidates do. However even after clearing all
such hurdles women officers are not given equal opportunities as male officers.
They are considered weak as compared to male officers and troublesome for the
reason that they cannot lead the unit. Women in armed forces are denied equal
opportunity of being promoted and commissioned as permanent officers but these
very rights are very positively vested in male officers. Women officers are
denied of her fundamental right of equality in opportunity which is guaranteed
under article 16 of the constitution. What we mean by unequal opportunity? If
we talk about unequal opportunity in employment it means lack of access to
equal work opportunities. The reason for inaccessible equal opportunity could
gender based, class based, caste based or economical based. In armed forces
unequal opportunity could be seen based on gender. The male officers are
considered superior and worthy of being promoted to higher ranks, they are
considered better leaders, they are allowed to serve the nation for longer time
period. But these opportunities are distant dreams for women officers despite
being recruited through same procedure. Major effect of lacking equal
opportunity for women officers is their economic growth. Male and female officers
with same qualifications and passion to serve the nation should be treated as
equals. Not getting enough opportunity to try their hands in leading the unit
is keeping them away from promotions to higher posts, therefore hampering their
much deserved economic position. Secondly, women so far are recruited as
officers that too on temporary basis but not as personnel below officer rank
which lead to drastic shortage in manpower.
Judicial Perspective on status of women officer
The judiciary has played major role
in bringing the women officers equal to male officers and breaking the chains
of patriarchy in the armed forces. The judiciary has put forward various cases
where it has stand in the support of women officers and aspiring young girls
who wish to become officers in armed forces. Let us look into judicial
instances.
To start with let us look into the
most famous quests for gender parity in the armed forces.
1.
Lt. Cdr. Annie Nagaraj v Union of
India.
This case was raised in
the Delhi High Court in the form of six writ petitions under Article 226 of the
Constitution. Seventeen women started the case, and the first plaintiff in the
case was Lieutenant Annie, hence the case was named Annie Nagaraj v. Union of
India. Six writ petitions were filed in the Delhi High Court under Article 226
of the Constitution. The petitioners, seventeen in number, are female officers
who joined the Indian Navy as temporary officers in the Air Traffic Control and
Logistics Cadre and Training Branch. Six of them are officers in the logistics
staff, nine in the training section, two in the ATC staff. Their grievance is
that despite fourteen years of service as SSC officers, they were not
considered for permanent commission and were dismissed. The second set of
proceedings in appeal before this Court arose out of the decision of the AFT
New Delhi Division Bench in Writ Petition (C) No. 7336 of 2010 consisting of
six main petitions . The original theme was created by Commander Priya Khurana.
The pre-AFT candidates in this batch include seven SSC officers who were
inducted into the Indian Navy in 2002 in the logistics and ATC cadre and
training cadre. They sought the release of PCs and challenged the policy
document on September 26, 2008 as it was illegal in law as it could be
controlled and prohibited from releasing PCs to some cable/branch. Therefore,
the circular dated December 12, 2017 from the headquarters of the Ministry of
Defense was also criticized. The officers challenged their release from service
on completion of SSC service. AFT believed that change should be based on the
proper exercise of power. The subsequent decision to allocate PCs and restrict
them to selected branches was not valid. The AFT relied heavily on the fact
that the notification on the basis of which the SSC officers were selected
indicated that the officers were being considered for the PC award. The AFT's
decision follows the decision of the Delhi High Court in Annie Nagaraja, which
is the subject of an appeal before this court. The AFT clarified that its
direction to reconsider the case of the SSC women officers for the grant of PCs
was subject to the decision of this Court in Annie Nagaraja. While directing
the consideration of the claim of SSC women officers to the grant of PCs by the
Indian Navy, the AFT stopped short of the direction which was issued by the
Delhi High Court for the grant of PCs.The AFT was of the view that the
appropriate relief was to direct that the applicants be considered by the authorities
and to this extent it disagreed with the absolute relief granted by the Delhi
High Court for the grant of PCs. The AFT accordingly directed the
reconsideration of the request for the grant of PCs on the basis of Regulation
203 and the policy decision dated 25 February 1999 within six months. The
decision of the AFT in this batch of cases has, in the course of the
submissions, been adverted to as the decision in Priya Khurana v. Union of
India, In the appeals arising out of the judgment of the AFT in Priya Khurana,
an interim order was passed by this Court on 28 October 2016 directing the
continuation in service of the SSC officers in that capacity until further
orders. The present batch of Civil Appeals comes up for adjudication from two
decisions, the first in point of time being that of the High Court of Delhi and
the second, being that of the Armed Forces Tribunal. Issue presented before the
court.Whether women officers in the Navy be eligible for Permanent Commission
or not. The statutory bar on the engagement or enrolment of women in the Indian
Navy has been lifted to the extent envisaged in the notifications issued by the
Union Government on 9 October 1991 and 6 November 1998 under Section 9(2) of
the 1957 Act. By and as a result of the policy decision of the Union Government
in the Ministry of Defense dated 25 February 1999, the terms and conditions of
service of SSC officers, Regulation 203, Chapter IX, The stipulation in the
policy letter dated 26 September 2008 making it prospective shall not be
enforced. The provisions of the implementation guidelines dated 3 December
2008, to the extent that they are made prospective and restricted to specified
cadres are quashed and set aside All SSC officers in the Education, Law and
Logistics cadres who are presently in service shall be considered for the grant
of PCs. The period of service after which women SSC officers shall be entitled
to submit applications for the grant of PCs shall be the same as their male
counterparts. Women SSC officers of the ATC cadre in Annie Nagaraja’s case are
not entitled to consideration for the grant of PCs. In exercise of the power
conferred by Article 142 of the Constitution, we direct that as a one-time
measure, SSC officers in the ATC cadre in Annie Nagaraja’s case shall be
entitled to pensionary benefits. All SSC women officers have been debarred from
getting PC grade pay by virtue of the certificate before the letter issued on
26th September 2008 is deemed to be pensionable for rendering meritorious
service. As a single measure, all women SSC officers who have served in the
Supreme Court and AFT who have not been awarded PC have completed their service
and are eligible for pension and will receive all subsequent benefits.
Respondents two to six in the civil petition arising out of Special Leave
Petition (C) No. 96-30791 of 2014, in addition to granting pension benefits, as
work, is entitled to compensation up to ?. 25 million each.
2. The Secretary, Ministry of Defence V.
Babita Puniya & Ors.
In the year 1992, a notification was
issued by Central Government permitting females to be appointed in some cadres
of the army such as in Short Service Commission (hereinafter SSC), Regiment of
Artillery, Intelligence Corps, Corps of Signals, Army Service Corps, Education
Corps, the Judge Advocate General’s Department, and so on. Previously, before
this notification, roles of female officers were limited only to medical,
dental, and military nursing service. Female officers who were involved in
these services sought equality with their counterpart-male-officers in
obtaining Permanent Commissions (hereinafter PC). In the year 2003, Babita
Puniya (an advocate), filed a writ petition in the nature of Public Interest
Litigation (PIL) at Hon. High Court of Delhi, to seek PC for female officers
who were recruited through SSC in the army, at par with their fellow male
officers. Various other female officers (both in Indian Air Force and Indian
Army) separately filed petitions for the same matter, whose petitions were
tagged with the petition of Babita Puniya.
In 2005, a notification issued by the Ministry of Defence (MoD) to
extend the validity for the appointment scheme of the Indian Army for the
female officers. Following in 2006, further notification issued, allowing the
SCC female officers to serve for maximum 14 years. On October 16th, 2006, Major
Leena Gaurav filed a writ petition primarily challenging the conditions for
service of maximum 14 years imposed by the notification issued in the same year
and seeking for PC for female officers. Also in 2007 Lt. Col. Seema Singh moved
to the court for the same matter of concern.
In the year 2008, the Centre Government granted PC to SSC female
officers in few departments such as in the Army Education Corps, Judge Advocate
General, and the corresponding branches in the Indian Air Force and Indian
Navy. Various other petitions were filed challenging the notifications issued
in the year 2006 and 2008. Finally, in
2010, the Hon. High Court of Delhi pronounced to club together all the
petitions and directed the Central Government and Ministry of Defence (MoD) to
provide PC to SSC female officers of Indian Army and Indian Air Force who had
opted for the same and not granted.
Indian Army challenged this order in
the Hon. Supreme Court of India, where upheld the order given by Hon. High
Court of Delhi and asked to implement the orders given by the Hon. Supreme
Court as well. In 2018, the Central Government told the Supreme Court that it
is considering granting permanent commission to women recruited through SSC in
the army. On February 15th, 2019, notification was issued by Ministry of
Defence (MoD) granting PC to SSC female officers in 8-arms or services in the
Army. But it was also mentioned that on the grant of PC, female officers will
be employed ‘in various staff appointments only’. The Hon. Supreme Court bench led by Justice
D.Y Chandrachud held the following:
•
That
it is a clear violation of Fundamental Rights guaranteed under article 14.
•
He
said that although article 33 did allow restrictions on Fundamental Rights in
armed forces, it is also mentions that it could be restricted only to the
extent that it was necessary to ensure the proper discharge of duties and
maintenance of discipline.
•
That
the notification issued on February 15th, 2019, allowing the female officers in
PCs through SSC are subject to following conditions. The order given by the
High Court of Delhi is to be implemented.
•
All
female officers currently in SSC are eligible to PC irrespective of any of them
crossed 14-year of service or, as the case may be, 20-year of service.
•
Every
options of specialization shall be available to the female officers at the time
of opting for the grant in PC, on the same terms as their male counterparts.
•
All
the female officers who are eligible and granted PC through SSC should be
entitled to all consequential perks including pension, promotion, and financial
incentives.
•
Some
expressions such as ‘in various staff appointments only’, and ‘on staff
appointments only’ in the notification should not be enforced with respect to
the PC of female officers.
•
Benefits
of continuing in the service till the attainment of pensionable service shall
be applicable to all the SSC female officers too.
•
That
necessary steps should be taken by the plaintiff for the compliance of the
Supreme Court’s decision within 3-month of the pronouncement of this judgment.
We can conclude from this judgment
that women in armed forces were denied right from very long time and this too
on such petty issues.
3. Lt
Col. Nitisha v. Union of India
In February 2020, the Hon'ble Supreme
Court of India upheld the case of Ministry of Defense v. Babita Punia
("Babita Punia") is the claim of women officers of the Permanent
Commission (SSC) for the grant of permanent commission. "PC") in the
Indian Army. After a year, on March 25, 2021, in the case of Lt. Col. Nitisha
v. Union of India, the SC upheld the criteria laid down in Babita Punia for
granting permanent jobs to women officers in the army as not only arbitrary but
discriminatory. managed The Central Govt. according to Babita Puniya, wherein
the Court issued several directives concerning the evaluation of female
officers set forth the three contentious criteria: firstly, women officers have
to clear a certain percentage score, as well as score higher than the
lowest-scoring male officer who had previously been awarded a PC; secondly,
Annual Confidential Reports (‘ACRs’) were to be included in the grading; and
lastly, certain medical requirements had to be met. These criteria’s were contended
as on the surface they appeared to be neutral and not discriminate between male
and female officials but the women officers had been ineligible for PCs for all
of these years. The SC in Lt Col. Nitisha observed that systemic discrimination
is incompatible with substantive equality by probing into provisions, criteria,
or practises that have a disproportionate and adverse impact on members of
groups that are constitutionally protected from discrimination under Article
15(1) of the Constitution. Thus, the Court held that indirect discrimination,
even without discriminatory intent, must be prohibited in order to achieve real
equality.
The Medical Examiner's Tribunal
recommended that it should not be assessed at the time of selection but after
10 or 14 years. The Army's refusal to delay enlistment does not mean women's
medical exams are performed later than men's. Regarding the ACR, the SC ruled
that it should be assessed based on the knowledge that it may not be carefully
registered and women may not have the opportunity to compare with their male
counterparts. As for the eligibility criteria for PC, the court said that the
award given was arbitrary and inconsistent with the men's criteria, and there
was no need to include a "competitive merit" component. PC should be
given to all women with 60% cut off. The ruling said that, despite the
seemingly arbitrary nature of these restrictions, they are used in a way that
is harmful to women and perpetuates the effects of past deprivation.
4. Kush Kalra v. Union of India
Supreme Court as a good way to
implement gender equality in Indian male society. Although the Indian Army and
women are not equal to the appreciation of India, the judge has given a simple
procedure by allowing women to appear in the NDA exam, thereby ending the
discrimination against women. in maintenance work. The Centre's intervention to
delay the process of recruiting women candidates on the grounds of insufficient
infrastructure for one year was rejected by the high court even as the order was
passed. This article is about a thorough assessment of the Supreme Court's
modification order. UPSC conducts the NDA examination, a walkthrough for
candidates who want to join the Army, Navy or Air Force. NDA I and NDA II are
primary national examinations that are conducted twice a year to help people
get a job in the military. The National Defense Academy and Naval Academy (NDA
and NA) exam is a two-part process where candidates must clear the exam
followed by a personality test or a Service Selection Board (SSB) interview.
This exam has some entry criteria that you need to meet if you want to take the
above exam. Officers in the Indian Army are recruited from the National Defense
Academy (NDA), the Indian Military Academy (IMA) and the Officer Training Academy
(OTA). Direct entry through UPSC should be through NDA and IMA applications.
Females and males are recruited through OTA, respectively through UPSC and
non-UPSC. Men and women are given temporary service commissions and then
considered for permanent commissions. The petition was filed by Kush Kalra,
seeking equal admissions for women to men for admission to the prestigious
National Defense Academy (NDA) in Pune and the all-India Naval Academy in
Kerala. INA), before the Supreme Court in Kush Kalera v. Union of India (2021).
He said that in many ways, the women leaders of the SCC in the ten rivers are
concerned about the situation set out in the Supreme Court's decision in the
case of the Minister of Defense to Babita Punia (2020). In the case of Kush Cholera
v. Union of India (2021), the Apex Court changed into hearing a petition that
highlighted that denying women the possibility to be a part of NDA was
violative in their fundamental rights under Articles 14, 15, 16, and 19 of the
Indian Constitution. In addition to Kalra’s plea, the Court was reviewing
Kailas Udhavrao More’s petition, which requests that women have to be allowed
for admission to the century-vintage Rashtriya Indian Military College in
Dehradun, that is run with the aid of using the Ministry of Defence simplest
for boys, starting this instructional year (2021-22). “It is suggested that the
Rashtriya Indian Military College (RIMC) is a 99-year-vintage group so one can
rejoice its 100th anniversary subsequent year. The question is whether or not
it'll rejoice its 100th birthday in a gender-impartial way or not” regarded the
Supreme Court of India on this regard. In light of the NDA test that was held
on 5th September 2021 and after hearing skilled counsel for the parties, the
Court decided to grant an interim order allowing women candidates to
participate in the examination subject to subsequent instructions from the
Court.
•
According
to the interim orders passed by the court, the court directed the UPSC to
publish the amendment which should be made public to give effect to the purpose
of the decision to country level.
•
The
second decision taken in the interim order reflects the Supreme Court's concern
about the effectiveness of national enforcement measures. This order, even for
a short period of time, is based on a program that promotes and empowers the
courage and strength of women in the armed forces. It's really amazing. The
interim order outlines the judiciary's checks and balances on governance in an
Indian democracy.
Drilling is an important step in
getting the men and women of the military on the same page. This can be seen
through many legal decisions and legal observations. Strengthening gender
equality by breaking the age-old shackles of patriarchy is a major step taken
by the Indian judiciary with vigor. In this section, we will analyze the legal
decisions to gain knowledge from this bold action. Is it worth the hype or just
an empty promise? There is a wrong reason given by the government for not
giving permanent jobs to women officers. These reasons are
1. Pregnancy
2. Doctors cannot promote themselves
3. Protect their child
4. Less experience in this field
5. It seems that some of the workers are
not able to take orders from women. The impotence of rural men makes it
impossible for women to rule over them.
6. Isolation and psychosis
These issues are just to name a few,
although many issues have arisen over the years that make it difficult for
women to work for the country. The SC has provided a comprehensive framework
for prosecuting an indirect discrimination action. However, in establishing the
indirect discrimination framework, 'intent' has been wrongly defined as the
criterion that distinguishes between direct and indirect discrimination. In the
process, a situation has arisen where courts in the future may interpret the
decision in Nitisha to say that "consideration" is a necessary
element of direct discrimination. This is problematic for three reasons.
•
First,
intent is not part of a direct discrimination argument. They can cause harm,
and must be compensated, whether the perpetrator intended to mislead or not.
•
Second,
insistence on presumption increases the burden of proof on the plaintiff.
•
Third,
how discriminatory intent is defined in practice, establishing intent as a
necessary element of direct discrimination limits the scope of protection
afforded by law. In this note, I have shown two ways to avoid these problems.
One is to understand the decision in Nitisha that, while intention is
sufficient to show direct discrimination, it is not necessary. Another is to
interpret the term "prejudice" as broadly as possible. In any case,
after Nitisha, it is important to start a debate about
"discrimination" in India. However, it is also important to note that
the General Security Council has shown the need to move beyond the pigeonholes
of direct and indirect discrimination and understand the nature of the problem.
It also recognized the need to investigate discrimination along "multiple
axes."
Among its main visions for the future,
the Court stated that the role of the constitutional courts is to "create
a structure of relief and appropriate remedies to promote social distribution
by providing positive rights that aim to eliminate the The frontier of the
future is to organize damages”. Therefore, if the concept of 'systematic
discrimination' given by the SC is followed, the benefits of direct and
indirect discrimination may not limit us. At present, however, the definition
of "systematic criminality" is a matter of convenience for the
courts. The lines of this concept are still blurred, so defendants can frame
their actions as accusations of direct or indirect discrimination. It is
therefore important that these terms are defined in a way that is consistent
with the purposes of the Discrimination Act.
The medical examination and indirect discrimination
Pursuant to the directions issued in
Babita Puniya, the Central Government had issued a Governmental Sanction on
July 16, 2020, and a set of General Instructions on August 1, 2020.6 The
General Instructions were issued to govern the proceedings of a “Special No. 5
Selection Board 2020”, which was tasked with screening women SSC officers for
the grant of a PC.7 Furthermore, the General Instructions also stated that
every officer opting for a PC would have to “undergo a medical board at the
nearest Military hospital”. Only those officers who were “SHAPE-1 or Permanent
Low Medical Category” would be permitted to undergo the medical examination.
The SHAPE classification, in turn, was explained by an Army Order No. 9 of 2011
as being a classification made after a medical assessment of five factors,
namely, psychological, hearing, appendages, physical capacity and eyesight.10
The functional capacity of each officer was denoted by descending order of
fitness, denoted from the numbers one to five. Out of the 615 women officers
considered by the Special Board, 422 women SSC officers were recommended for
PC. Additionally, the SC also noted that out of the remaining 193 officers, 164
continued to satisfy the SHAPE-1 criterion. The petitioners argued that the
medical criterion stipulated as a pre-condition under the General Instructions
was arbitrary and unjust since women officers in the age group of forty-five to
fifty years were required to comply with the medical standards generally
applicable to male officers falling in the twenty-five to thirty years age
bracket.14 Furthermore, many women officers before the SC who were being
offered a PC belatedly had already undergone medical scrutiny on the completion
of their 5th, 10th and 14th year in service. It was also argued that the
medical criterion stipulated did not account for the physiological changes that
may have occurred with the passage of time.16 On the other hand, male officers
who were granted a PC on the completion of their 5th or 10th year in service
continued to occupy different ranks in the army regardless of the fact that
their bodies too would have undergone a physiological change. In response, the
Additional Solicitor General (‘ASG’) contended that women officers could not,
on the one hand, seek parity with their male counterparts, and on the other,
seek special and unjustified treatment in the eligibility criteria.18 He also
submitted that SSC. officers had never been denied an extension of service on
medical grounds.19 Therefore, a comparison with fitness levels at the 5th and
10th years of service would be entirely baseless. Moreover, the SHAPE-1
assessment was done as per the age and height of the candidate concerned, and
therefore, changes occurring with age would anyway be factored in. When the SC
examined the medical criteria, it did not find the criteria itself to be
arbitrary. However, it did observe that it could not shy away from the fact
that 615 women officers had been subjected to a rigorous medical standard at an
advanced stage of their careers only because they had not been considered for a
PC earlier, i.e., on expiry of their 5th or 10th year in service. Thus, the SC
found that by insisting on an application of medical criteria in the present
day, the army was guilty of indirect discrimination.
External benching marking and comparison of women
officer with men officers
In addition to the medical criteria
and the requirement of ACRs, the petitioners also assailed the criteria of
benchmarking, whereby a woman officer was compared against the benchmark of the
last selected male officer with the lowest merit in a particular year. Male
officers had not been required to meet any external benchmark. Moreover, unlike
women officers, they were required to compete inter se only when the number of
qualifying candidates exceeded the number of vacancies. The SC dealt with the
aspect of benchmarking the marks obtained by women. SSC officers against the
lowest competitive merit of a male counterpart by observing that this argument
was fallacious because a total of 615 women officers across thirty-two batches
were considered for the grant of PCs in the present instance. Not only that, a
need for competitive merit amongst male cadres in any given year arose only
when the candidates satisfying the cutoff threshold exceeded the vacancies
available. If the ceiling limit itself had not been crossed, a question of
benchmarking women against male counterparts was only a red-herring.
Comparison of status of women officers in India with
that of other countries
The armed forces or the military has
been a very important part of any nation. Without military one nation could not
be measured on the scale of strength. Thus it plays vital role in establishing
a strong influence over other countries. It can also not denied that military
could not have been possible without women officer, be it their limited roles
in the past time they have contributed much to the military of every nation to
greater extent. Secondly induction of women into military expresses the
democratic aspect of any nation, how men and women of that nation have equal
rights and equality of employment opportunities. It is therefore very prominent
that we compare status of women officer of India with that of other countries
to know how the women predicament has changed over these years. Is the growth
of women officers has been stagnant or it is ever growing.
We would take several aspects on
which we tend to compare status of women officers.
Permanent Commissioning of Women officers
A Permanent Commission (PC) method
continuing a profession in the armed pressure till one retires. If a person
receives decided on through PC, he/she has the choice of serving the as much as
the entire age of retirement. The purpose why I have highlighted he/she is due
to the fact now no longer very lengthy ago, this selection of Permanent Commission
became handiest supplied to the male officials in the forces. Previously, the
girl officials had been supplied handiest the Short Service Commission (SSC).
SSC or Short Service Commission in the forces is the tenure of officials. The
Short Service Commission officers tenure is 10+4 years. After the entirety of
this tenure, the male officials can both choose a Permanent Commission or can
decide out of the Indian Army. Initially, the officials are enrolled for 10
years then they are able to similarly retain for four years after this of
entirety of 10+four years the women officials could ought to decide-out and the
men should retain and absorb Permanent Commission or they also can decide-out.
This sample has now modified and has come to be liberal toward female
officials. They now additionally have the choice of Permanent Commission, being
on a par with the male officials. Supreme Court have to take delivery of credit
score for this gigantic change that leads society one step in the direction of
equality. This article specializes in how the function of female officials have
developed and the way the judiciary has contributed to equalizing the jobs of
male and female officials in the armed forces.
The permanent commissioning of women
is not a age old phenomenon the women officers are being inducted to the armed
forces but only for short services which extend to ten or fourteen years only.
The women officers usually not considered for four years of extension as well.
It is only after Babita Puniya’s case
the court has ordered to commission women officers permanently. They court has
also ordered that standards on which the capacity of women officers is measured
are faulty and not a true measure to judge women officers capacities. Thus in
India the women officers are facing gender discrimination despite winning the
petition filed by women officers in front of the court only 39 women officers
were granted the status of permanent commission. However if we have to draw
parallel with militaries of U.S.A, Canada and U.K the status of women officers
is much more concrete than in India. Women officers are induced on permanent
basis not on specified terms. Once they are induced gets retire on the
specified age of retirement not based on the number of years pre decided.
Right to Combat to women officers
Combatting means allow women officers
to get into the war field and have direct battle in the war torn areas or in
the event of armed conflicts. This right is long debatable matter for
militaries since time immemorial. The right to combat includes sending women
officers to the battlefield however it is a matter of grave concern for the
nation as well. Sending women to battlefields would mean heinous offences to
take place against them which would violate their human rights too.
If we have to take into consideration
this right has been given to women officers in U.S, Canada etc. But this right
is not granted to women officers in India.
This right is considered as vital for
the reason that in case of militaries the war experiences are very important to
have raise in the ranks of officers is it male officers or female officers. It
adds value to the military career of the officers. Usually this right is denied
to women officers before on the following ground:
a. Lower stamina
b. Physically as well as psychologically
c. Not properly trained to handle war
situation
d. Grave offences against women such as
sexual assaults, rapes etc
e. It would deem to be direct violation
of human rights of guaranteed under international conventions.
In U.S.A
Out these countries U.S extend right
to combat in 2013, whereby a women’s right to combat has been expanded, but it
is not a stable right, and the right is not complete. The new rule provides
broad discretion for the military to exclude women from combat upon a
sufficient factual basis, which is not defined. Given the hidebound culture of
the military, tradition often prevails over law because with its vast
discretion the military will define law to permit a preordained result. In
effect, the military qualifies every rule with “depending on mission needs,”
which converts law, if military rules can be called that, into the
discretionary decisions of military commanders.
In Canada
Canada is one in all just a few
nations in the international that permit women to serve at the the front traces
in fight. But it changed into now no longer constantly so. While women have
served in Canada's navy because 1885, they have been avoided from appearing
fight roles for over 100 years. Four contributors of the Canadian Forces got
down to alternate this. They believed it changed into incorrect that women have
been avoided from having roles in fight positions or fight-associated jobs,
simply due to the fact they have been ladies. Isabelle Gauthier, Marie-Claude
Gauthier, Georgina Anne Brown and Joseph Houlden, all contributors of the
Canadian Forces, filed a grievance below the Canadian Human Rights Act claiming
discrimination primarily based totally on sex. In 1989, following a Canadian
Human Rights Tribunal ruling, the Canadian Forces opened all occupations,
together with fight roles, to ladies. In 1989, Private Heather R. Erxleben has
become Canada's first woman Regular Force infantry soldier. Since then, loads
of Canadian women have served in fight roles, and all women have the
possibility to pursue any role in the Canadian Forces.
In India
In India it is still a distant dream
for women to be sent for direct combat roles in war areas. According to the
observation and statement made by the government the women officers are not
fully ready for combatting roles. The women officers are not considered as
strong as men officers. The rational given behind this discrimination is age
old and is not complying with current scenario. It is not only the combatting
roles but also the Special forces are
devoid of women officers. There is no direct recruitment of women officers in
special forces in the armed forces.
Recruitment other than officer ranks
The female candidates are recruited
by military through direct examination and interview process commonly known as
SSB process. These direct examination are meant for recruiting women officers
not for lower ranks. Women are usually recruited for non-technical enteries and
for the technical and other enteries. The main concern here is that women have
denied their right of free competition
when it comes to armed forces. The armed forces tend to recruit large number of
male officers to the armed forces as soldiers, and other lower ranks but women
are not recruited as soldiers. In world
the scenario is bit different women are recruited for roles lower than officers.
These women enjoy equal rights when it comes to recruitment as lower
ranks. In India the females are not
allowed to undergo NDA examinations but after the verdict comes in Kush Kalra’s
case the court has allowed women to sit in the exam not only this but the
Sainik Schools which are meant for male candidates only are opened for females
as well. Along with this IMA academy, Dehradun which is for training of army
personnel is also opened for female candidates.
Late promotions and differential retirement benefits
The women officers all over the world
face this in her lifetime that they have been denied their promotions and have
observed that there are differential retirement benefits. This is not concerned
to particular nation but women all over the world is concerned about this
fact. Promotions in armed forces or the
military is generally based on the performance of the candidate, medical
fitness and experiences. Unfortunately all these factors are against women officers.
Firstly, the performance women officers excels in whatever task is given to the
women officers however these tasks are limited based on gender parity. Secondly
the medical fitness standards, these standards are set according to male
fitness tests which are near to impossible for women officers to achieve, for
they are shorter than male candidates, their bone strength is less than male
officers, upper body strength is also lower in women officers, stamina wise
also the women officers lags behind. But all these standards are faulty and
could not be considered the best standards to measure women officer’s medical
fitness Thirdly war experiences are crucial for promotions but women officers
are not sent for combatting roles which directly lowers their score to attain
promotions. They have been placed on lower sides for not having war
experiences.
Women officers grooming
Women officers grooming is considered
as debatable material. All other the world grooming plays an important role in
military. As military have tough standards for discipline, grooming is an
essential part of that discipline. There are set standard for grooming in the
military which a candidates have to follow but these differ when it comes to
women officers. In other countries women are not told to chop their long hair
and have crew cuts as men do. Its their discretion whether women have to chop
their hair or not. In India the situation is different for different armed
forces. If we talk about the air force and navy women officers are under no
obligation to cut their hair however they are advised to tie their hair in
tight and neat hair bun. This case is different in Indian Army, here the women
officer are asked to chop their hair as male officers.
Cutting hair in my opinion is a
personal choice and cannot be forced on a person. This shows the patriarchal
mentality. Just by looking like a man would not automatically make women
officers equal to that of male officers this need to rethink that cutting hair
is a personal right and forcing female candidates to cut their hair is not a solution
to bring gender equality.
Conclusions
The present study is significant in
clearing out smoke of over- masculine control in the armed forces. It would
help us to understand the structural and sociological discrimination faced by
women officers in their day to day life and how the deep penetrative control of
males works in the armed forces. Women officers who are considered to be less
in the eyes of their counterparts have been fighting against this odd since
time immemorial. To understand such struggles this study would prove to be
helpful. It also caters us to have
extensive knowledge on how different military or armed forces resolve this
ongoing matter all over the world and also how their resolution are affecting
the lives of women officers in the armed forces and in society as well. After
passing of the various judicial orders the status of women officers has been
changed but to what extent, is covered in this study. It brings out the gender
biasness in the hegemonic male governed armed forces and tries to provide ways
to grant women officer’s equal opportunities and benefits as given to their
male counterparts such as, ranks, promotions, permanent commissions and
pensions etc. The study aimed to find answers on gender parity in armed forces,
faulty standard of measuring women officers capacity to hold permanent
commissions in the armed forces, tracking down the history of women officers in
armed forces, various legislation that are helping women officers getting equal
rights, the status of women officers in armed forces in India and other
countries, analyzing judicial trends towards achieving gender parity in the
armed forces.
Following are the key findings of the
study:
1. Rights of women officers in armed
forces, to which the study shows that rights of the women officer in the armed
forces are not equal as male officers. They have been granted certain rights
but these rights are lip service to the notions of gender parity. To such
inequality against women officers, the reasons that were keeping in front were
vague and erroneous. Common reasons why women were not granted equal rights are
pregnancy, they medical incapable of getting promotions, taking care of their
child, less experience in the field, orthodox mindset of some personnel and not
being able to take orders from women, incapacity rural background men for not
being able to imagine women as their commander, living in solitude and
emotional mindset, etc. the women officers in the armed forces although
inducted but that induction is based on short service which extend from ten to
fourteen years, women officers usually denied of their right to be commissioned
as permanent officer because of lack physical as well as mental strength. For
commissioning permanently in armed forces women officers lacks experiences of
war and combatting as well. This poses a major hindrance in the way of women
officers.
2. The study also finds that history
stand as testimony to the fact that women officers are not new to the armed
forces. In India particularly women are being inducted as soldiers and fighters
since ancient times, as time passes by roles of women in the armed forces
started getting restricted to first aids, non- technical roles. This phenomena
was not just limited to India only but if we talk about the history of women
officers in U.S, Canada and U.K, a common outcome could be seen, which women’s
role in the military. During world wars as well women were only employed to
serve as medical staff, non-technical staff, in a way they were sent to battle
fields but to act behind the curtains not in front fighting against other
soldiers.
3. The study also points out that women
although in the armed forces have face gender based discrimination and sexual
harassment and other related offences. The evil of discrimination has taken its
roots in almost every workplace including military. Military is considered as
the largest recruiter in almost every country. India too, is a part of this
notion. Military is considered to be men’s place and making a place for women officers
among them is a big challenge to patriarchal society. To be a part of this
institution you have to undergo rigorous tests which would test your physical
as well as mental strength. Be it men or women they all are subjected to these
parameters. Considering the fact that
women are weaker the standards which kept for qualifying are slightly on lower
side. However this does not change the very nature of the rigorous tests that
men as well as women have to pass to earn the uniform. Despite proving herself
in the fields’ women officers are taken to be weaker than male officers. They
are often recruited to other services such as nurses, education fields,
communication etc. they are being denied to be placed as equals to other male
officers. They are not being promoted by the military as often as fellow male
officers. it is unacceptable of male officer to take orders from female
officers. Women officers are being overshadowed by the senior officers in the
military. For every sexual offence
happening in the armed forces or military women officers refrain themselves
from reporting the matter to the higher officials. This is because the burden
of being judged by fellow mates is much painful than the abuse they face.
Another prominent reason is that the higher officials do not pay much attention
to such matters as this will scar the reputation of the unit. To keep their
mouth shut is the only way of dealing sexual misconducts. Sexual misconducts
have been seen in the militaries from quite long. One such remarkable case in
the history of military has been seen when Capt. Neha Rawat raised her voice
against Maj. A.K Lal in consequence of indecent behavior by Maj. Lal. This was
the very first success story of Me Too Movement in 2007. For the allegation
made against Maj. Lal, he has been court martialed. This could not be seen as complete victory of
women officers in the armed forces as this was just a beginning of the cult.
The evil of sexual offences spurs to double or triple in numbers in coming
years. According to one Rajya Sabha discussion, at the least a dozen women had
complained of sexual harassment and discrimination. Of these, six have been
from the army, 3 from the army and from the air force. There are various laws
present to help women speaking out about the terrible things they are facing
such as Universal Declaration of Human Rights (UDHR) is a milestone report in
the history of human rights, Declaration on Elimination of Discrimination
Against Women, 1967, Convention on the Elimination of All forms of Discrimination
Against Women, 1979,(CEDAW), Declaration on the Elimination of Violence against
women, 1993, various sections of Indian Penal Code, Vishaka Guidelines, POSH
Act, POCSO Act and constitutional provisions.
4. The study finds out that the judiciary
played major role in bringing men and women in the armed forces on one single
platform. This can be seen through series of judicial decisions and court’s
observation. Boosting gender equality by breaking age old patriarchal chains is
a huge step that Indian judiciary has taken so stringently. The honorable court
starting from Babita Puniya’s case, Lt. Col. Nitisha’s case to Kush Kalra’s
case, has tried to root out gender disparity. However court fails to bring
complete equality. The court has said that the parameters upon which the women
officers are judged are faulty and discriminatory against women, but it fails
to correct these parameters or provide any other alternate parameters or ways
that could be adopted to stop further discrimination. Secondly in NDA case,
women candidates are now allowed to undertake the examination and their right
to get admission in Sainik Schools and in IMA as well, however the court could
not guide government to provide basic infrastructure in these institutions and
making it fit for women friendly. Thirdly, the court could not enunciate
measures to be adopted count the experience of women officers for promtions
other than combatting roles. Thus it can be said that court passes the test of
achieving granting permanent commission and take first step towards gender
parity however it could not curtail indirect discrimination and systematic
discrimination.
5. If we have to draw parallel between
women in armed forces in India with that of other countries, the study finds
that there is still deep rooted patriarchy in indian armed forces, whereas in
other developed nations. A Permanent Commission (PC) method continuing a
profession in the armed pressure till one retires. If a person receives decided
on through PC, he/she has the choice of serving the as much as the entire age
of retirement. The purpose why I have highlighted he/she is due to the fact now
no longer very lengthy ago, this selection of Permanent Commission became
handiest supplied to the male officials in the forces. Previously, the girl
officials had been supplied handiest the Short Service Commission (SSC). SSC or
Short Service Commission in the forces is the tenure of officials. The Short
Service Commission officers tenure is 10+4 years. After the entirety of this tenure,
the male officials can both choose a Permanent Commission or can decide out of
the Indian Army. Initially, the officials are enrolled for 10 years then they
are able to similarly retain for four years after this of entirety of 10+four
years the women officials could ought to decide-out and the men should retain
and absorb Permanent Commission or they also can decide-out. This sample has
now modified and has come to be liberal toward female officials. They now
additionally have the choice of Permanent Commission, being on a par with the
male officials. Supreme Court have to take delivery of credit score for this
gigantic change that leads society one step in the direction of equality. This
article specializes in how the function of female officials have developed and
the way the judiciary has contributed to equalizing the jobs of male and female
officials in the armed forces. The permanent commissioning of women is not a
age old phenomenon the women officers are being inducted to the armed forces
but only for short services which extend to ten or fourteen years only. The
women officers usually not considered for four years of extension as well. It
is only after Babita Puniya’s case the court has ordered to commission women
officers permanently. They court has also ordered that standards on which the
capacity of women officers is measured are faulty and not a true measure to
judge women officers capacities. Thus in India the women officers are facing
gender discrimination despite winning the petition filed by women officers in
front of the court only 39 women officers were granted the status of permanent
commission. Combatting means allow women officers to get into the war field and
have direct battle in the war torn areas or in the event of armed conflicts. This
right is long debatable matter for militaries since time immemorial. The right
to combat includes sending women officers to the battlefield however it is a
matter of grave concern for the nation as well. Sending women to battlefields
would mean heinous offences to take place against them which would violate
their human rights too.
If we have to take into consideration
this right has been given to women officers in U.S, Canada and U.K as well. But
this right is not granted to women officers in India. The female candidates are
recruited by military through direct examination and interview process commonly
known as SSB process. These direct examination are meant for recruiting women
officers not for lower ranks. Women are usually recruited for non-technical
enteries and for the technical and other enteries. The main concern here is that women have
denied their right of free competition when it comes to armed forces. The armed
forces tend to recruit large number of male officers to the armed forces as
soldiers, and other lower ranks but women are not recruited as soldiers. In
world the scenario is bit different women are recruited for roles lower than
officers. These women enjoy equal rights when it comes to recruitment as lower
ranks. In India the females are not allowed to undergo NDA examinations but
after the verdict comes in Kush Kalra’s case the court has allowed women to sit
in the exam not only this but the Sainik Schools which are meant for male
candidates only are opened for females as well. Along with this IMA academy,
Dehradun which is for training of army personnel is also opened for female
candidates.
Suggestions
The problem of gender disparity,
equal rights and sexual harassment is not limited to any country but its pan
world issue, which is in dire need of attention. Also such issues cannot be
solved just by legal rules, regulations etc. but these issues must be addressed
with social and psychological tools as well.
Following the suggestions for
improving the status of women officers in armed forces:
1.
Paving for gender sensitivity:
Gender sensitivity process is very
important when it comes to armed forces. Male officers perceives female
officers as less capable, weaker in comparison to them, not only male officers,
males on other than officer rank could not take orders from female officers as
they have this notion that a woman cannot command them. In such scenarios,
workshops on gender sensitivity plays key role in bringing about the gender
parity
2.
Nurturing young school boys :
After the judgement came out on Kush
Kalra, one thing is very clear that young girls and boys from schools needs to
get educated on gender parity in schools itself. They need to be taught that
the other gender is well capable and equals them in mental as well as physical
strength. This could be done by introducing subjects on gender parity, school
seminars on equality, sexual harassments and other related offences, teaching
provisions of constitutional provisions, criminal law provisions, and other
related legal rules.
3.
Providing Basic Amenities:
Absence of basic infrastructure and
amenities which are necessary for female hygiene, makes it even more difficult
for women to survive in armed forces. Providing such infrastructure would make
women feel more secure in such areas, improvisation especially in the field of
sanitation is priority when it comes to equality.
4. Shared Burden of Family:
Many women have to end their dreams
because of their families. Women tend to attach more to the family than men do.
And the age old notion that women are supposed to be at home while their
husbands go and earn bread for them, has socially engineered male psychology as
over responsible, taking care of home and children are girly things etc,
further paves of gender disparity. The only solution is the shared
responsibility of male and females both towards their families. Males should
also be given long paid paternity leaves to connect with their children and
family. Females should be encouraged to get out and look for their own career
growth and development.
5.
Improving work cultures in armed
forces:
The work culture should be such that
it builds foundation on mutual understanding and respect. This would in turn
raise the standards of productivity and organizational competitiveness among
males and females.
6.
Educating young girls their rights:
Bringing gender parity is not a one
way process it needs to a two way process. It should be social agenda that
young girls need to be educated about their rights and duties through school
studies, seminars, workshops etc.
7.
Stop confusing women with young
girls:
If we ever want to bring change in
the society and wants to make discrimination free then one need to understand
the difference between women and young girls. These terms may prima facie look
same or used interchangeably but one should know that there is difference
between two and policies and treatments for gender parity is different for
young girls and women.
8. Providing combat roles:
Many countries choose to lift the ban
of direct combatting for their women officers this includes developed as well
as developing countries. But India has not lifted this ban upon women officers.
Also there is need to curate proper and systematic way promotions for women
officers if they could not be sent for direct combat roles.
9.
Other compensatory measures for
sexual harassment:
In the event of sexual harassment the
proceedings against it are heard in the armed forces courts only, which further
leads to silencing of such cases, compromises between accused and victim, mere
warning to the harasser or the ultimate solution is the court martial done by
the armed forces. There is no in between relief given to the harassed person.
It would prove helpful if any kind of relief or compensation provided to
harassed person to cope up with situation mentally and physically as well.
10.
Recruitment other than officers rank:
The recruitment of women in armed
forces is only limited to officer ranks not lower than that. Women till now
cannot be recruited as soldiers in the armed forces. Those areas are till now
are male dominated.
11.
Different status in same countries:
In the armed forces women officers
are recruited for short service and barely get commissioned for permanent
services. However this is not the scenario in the para-military forces. Women
officers in the paramilitary forces get recruited on permanent basis and gets
retired at retirement age like other male officers. Women in paramilitary
forces are also recruited on lower ranks and are also posted to the border
areas. Infact, CRPF, becomes the first ever paramilitary force which has its
own Mahila Battalion, the force has also woman commander in its anti- naxal
special group known as CoBRA unit. On the other hand in the armed forces women
are not recruited in the special forces considering women as weak and
ineligible on physical standards.
Thus, in the attempt of achieving
gender parity in the armed forces can be achieved by taking into consideration
these suggestions.
References
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lrdjournal.com
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lawcorner.in
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Dinesh
Kumar. "The Officer Crisis in the Indian Military", South Asia:
Journal of South Asian Studies, 2010
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waylegals.com
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Aloysius Ndubuisi. "Quest for a Sustainable Legal Framework for the Protection
of Women's Right to Dignity in Nigeria: Lessons from India and South
Africa", University of Malaya (Malaysia), 2023
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Vandita
Khanna. " Indirect discrimination and substantive equality in : Easier
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Journal of Discrimination and the Law, 2022
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Lama, Salvin Paul. "Chapter 145-1b Women Empowerment in the Indian Armed
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