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In a pathbreaking move, Centre has informed Supreme Court that women will be inducted in the Permanent Commissions through NDA & Naval Academy.

The Centre said that this is indeed a pathbreaking Generational Reform before a Bench of Justices SK Kaul & MM Sundaresh.

Centre has also said that it intends to file an affidavit stipulating the same.

On August 18, the Top Court had allowed Female candidates to appear for NDA exam, scheduled for September 5, 2021. 

The bench had then called out the policy of not allowing women in NDA - gender discriminatory.

It was informed by the Ld. ASG Ms. Bhati that there are three routes to enter Defence Services - National Defence Academy, Indian Military Academy and Officers Training Academy - out of which women are permitted in IMA and OTA.

Tothis the Court said that a more constructive approach of the judgment in Permanent Commission, authored by Justice Chandrachud, should be adopted by the Union Govt. 

A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy, while passing interim order permitting female candidates to take up NDA Exam subject to fate of the present petitions, said,

"Don't compel us everytime to intervene - We, as an institution, may not understand all intricate details - You are better suited to appreciate that. But broad principles of Gender Neutrality, must consider and adapt in your policies."

It is the submission of the Petitioners that, the act of Respondents to categorically exclude eligible and willing female candidates from appearing for the National Defence Academy and Naval Academy Examination, solely on the ground of sex, is a violation of the Fundamental Right of Equality before the Law and Equal Protection of the law.

“The Respondents allow unmarried male candidates having adequate 10+2 qualification to take the National Defence Academy and Naval Academy Examination. However, eligible and willing female candidates are not allowed to take the said Examination on the sole ground of their sex and without any reasonable or justifiable explanations within the four comers of the Constitution and this act of discrimination is a dishonour committed by the Respondents to the Constitutional values of Equality and Non-Discrimination”, the plea states.

Reliance is placed on the judgment in Secretary, Ministry of Defence v. Babita Puniya and Ors., Civil Appeal Nos. 9367-9369of 2011 with Civil Appeal Nos. 1127-1128 of 2013 with Civil Appeal No. 1210 of 2020, wherein the Top Court observed that gender roles or physiological features of a woman have no significance to her equal entitlements under the Constitution of India.

Broad Grounds preferred by the Petitioners:

(i) Violation of Fundamental Right to Equality.

(ii) Violation of Fundamental Right to protection from discrimination by the State on the ground of sex.

(iii) Violation of the Fundamental Right to equality of opportunity in matters of public employment and the Fundamental Right to protection from discrimination by the State on the ground of sex in respect of any employment or office under the State.

(iv) Violation of Fundamental Right to Practice any Profession.

“The systematic violation of fundamental rights guaranteed under Articles 14, 15, 16 and 19 of the Constitution by categorically denying entry to eligible and willing female candidates to the National Defence Academy on the basis of their sex is an act of dishonour committed by the State towards the Constitution of India”, the plea further states.

Prayer has been sought to issue a Writ of Mandamus to the Respondent State, to take necessary steps in order to allow eligible female candidates to appear for National Defence Academy Examination and Naval Academy Examination as conducted by the Respondent 4.

Case Title: Kush Kalra Vs. Union of India