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Court was dealing with a petition filed by a woman Coast Guard officer, Priyanka Tyagi, who was denied permanent commission
The Supreme Court of India criticised the Centre for its "patriarchal" stance on not granting permanent commission to women in the Coast Guard. Questioning the disparity between the Coast Guard and other military branches regarding a permanent commission for women, the Supreme Court sought an explanation from the government.
A bench, led by Chief Justice DY Chandrachud made the remarks, "You (the Union government) speak of Nari Shakti, Nari Shakti, now show it here. I don't think the Coast Guard can say that they can be out of bounds when the Army, Navy have done it. Why are you so patriarchal that you do not want to see women in the Coast Guard sector? Why do you have an indifferent attitude towards the Coast Guard".
The bench also comprising Justices JB Pardiwala and Manoj Misra, during the hearing of a petition by a woman Coast Guard officer, Priyanka Tyagi, who was denied permanent commission, refuted Additional Solicitor General Vikramjit Banerjee's claim that the Coast Guard's operational sphere differs from that of the Army and Navy.
Highlighting an apparent oversight of the significant Babita Punia judgment, the court said, “Gone are the days when it was said that women cannot be in the Coast Guard. If women can protect the borders, women can also protect the coasts”.
In the 2020 ruling, the court mandated the provision of permanent commission to female Army officers, dismissing the government's reasoning based on "physiological limitations and social norms" as discriminatory and contrary to equality principles.
Coast Guard officer Ms. Tyagi, notable for serving in the first all-female crew, sought permanent commission, matching her male counterparts' status. Despite her significant contributions, particularly in maintaining Dornier aircraft, she was dismissed from service in December after her request for permanent commission was denied. Furthermore, her plea for interim relief was also turned down by the Delhi High Court.
Representing Ms. Tyagi, Senior Advocate Archana Pathak Dave highlighted the fundamental right to equality enshrined in the Constitution. She argued that, just as in the Army, women in the Coast Guard should have equal opportunities for promotion and the chance to become commissioned officers.
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