Read Time: 06 minutes

Synopsis

The Central Government has recently informed the Supreme Court that the Indian Army is examining a further increase in the number of Women Officers based on functional capacities of the ten arms and services without compromising on operational efficiency.

The affidavit has been filed in a plea by Advocate Kush Kalra seeking a higher intake of women cadets in the Army, Navy, and Airforce. The matter pertains to the permanent commission for women in the Indian armed forces.

The affidavit submits that the Army will constantly review the intake based on environmental feedback on the increase in the Women Officer cadre and will take further steps to ensure gender neutrality without impacting overall operational effectiveness.

Captain Shantanu Sharma, Director (AG) at the Department of Military Affairs, Ministry of Defence informed the bench that the above has been determined keeping in mind the strategic scenario, harsh terrain, and the counter-insurgency and counter-terrorism challenges that the Indian Army faces vis-a-vis the Western Armies that have secured borders and are largely expeditionary forces with virtually zero internal security challenges.

"The Army has been making earnest efforts by evolving itself and expanding its horizon by recruiting female candidates in various Arms/ Services," the affidavit adds.

Earlier, A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh directed the center to reply to an affidavit filed by petitioners seeking a higher intake of women cadets in the Army, Navy, and Air force. 

Whereas, on August 18, 2021, the Top Court allowed women candidates to appear for the NDA exam, scheduled for September 5, 2021. 

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

In their plea, broad grounds preferred by the petitioners were:

(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 stated.

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.

Case Title: Kush Kalra Vs. Union of India