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Highlighting an apparent oversight of the significant Babita Punia judgment, the court had earlier 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”.
The Supreme Court on Monday told the Central government to look into modalities for permanent commission of women in the Indian Coast Guard.
A CJI DY Chandrachud led bench also told the Attorney General that if the government would not do it, the court would take it upon itself to come up with a solution.
"If you do not do it, we will do it. So take a look at it...", the bench added.
The bench also comprising Justices JB Pardiwala and Manoj Misra was told that structural changes may be required.
"This argument does not hold water in 2024. Women cannot be left out", the bench in response said.
Furthermore, the bench was told that a short affidavit would be submitted on how the Indian Coast Guard is functionally different from the Navy and Army.
Top Court has been hearing the petition filed by a woman Short Service Appointment (SSA) Officer with the Indian Coast Guard who sought permanent commission.
Court had earlier also pulled up the Centre for its denial of Permanent Commission for women officers in the Indian Coast Guard. 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.
Chief Justice of India 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".
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 had 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.
Case Title: Priyanka Tyagi vs. Union of India & Ors
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