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"There was a time when women had no combatant role in any Force. There is a paradigm shift from the past," Justice Nagaprasanna observed.
A single-judge bench comprising Justice M Nagaprasanna of Karnataka High Court recently called upon the government to consider adopting 'gender neutral' nomenclature in the guideline/quota/policy pertaining to the persons who have served the Forces or their kith and kin.
Justice Nagaprasanna said that it is for the Union Government or the State Government to address this imperative need of change of nomenclature wherever it depicts to be ‘ex-servicemen’ to that of ‘ex-service personnel’ in tune with ever-evolving, dynamic tenets, of Article 14 of the Constitution of India.
Referring to the 'Guidelines for issuance of I-cards to dependants of ex-servicemen', the judge said, "The word 'men' in the title portrays such discrimination as it seeks to demonstrate that the Forces are still a bastion of the male, while it is not".
There was a time when women had no combatant role in any Force. There is a paradigm shift from the past. Women have reached combatant services in supervisory roles as officers and on other responsibilities, be it in the Indian Army; in the Indian Air Force and in the Indian Navy, Justice Nagaprasanna stated.
Therefore, the word ‘men’ in the title as a part of the word ex-servicemen, would seek to demonstrate a misogynous posture of an age-old masculine culture, the judge said.
He further stated that there has to be a change in the mindset of the rule-making authority or the policymakers."As it is only then there could be recognition of the commitment to the values of the Constitution,' he added.
"...equality should not remain a mere idle incantation, but has to be a vibrant living reality,"
Therefore, stressing that extension of women’s rights is the basic principle of all social progress, Justice Nagaprasanna observed that "...equality should not remain a mere idle incantation, but has to be a vibrant living reality".
The observations were made by the judge while dealing with a plea filed by a daughter of an ex-serviceman who was "killed in action". The petitioner had challenged the guidelines pertaining to the issuance of a dependant identity card that is given to the ward of an ex-serviceman for their consideration under the ex-servicemen quota in government jobs.
The petitioner had been denied the grant of the ID card on the ground that she was married. As per the guidelines, a deceased ex-serviceman's daughter would get the same benefits as his son up to the age of 25 years, provided she does not get married.
The court allowed the petition and struck down the words “till married” in the concerned guideline. It also directed the Director of the Department of Sainik Welfare and Resettlement and the Deputy Director of the Zila Sainik Welfare Board to issue an I-card to the petitioner, if all other parameters are found satisfactory.
Case Title: XXX v. Kendriya Sainik Board and Others
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