Systemic bias in criteria for women’s permanent commission, says SC

Tribune News Service

New Delhi, March 25

The evaluation criteria set by the Army for granting permanent commission (PC) to women SSC officers constituted "systemic discrimination", the Supreme Court said on Thursday.

All Short Service Commission women officers (SSCWOs) who fulfilled the cut-off criterion of 60 per cent in the Special No 5 Selection Board held in September 2020 shall be entitled to the grant of permanent commission, the apex court said.

A Bench headed by Justice DY Chandrachud, however, said it would be subject to SSCWOs meeting the medical criteria prescribed by the General Instructions dated August 1, 2020, and receiving disciplinary and vigilance clearance.

"All consequential benefits, including the grant of time-scale promotions shall necessarily follow as a result of the directions contained in the judgment in Babita Puniya (2020) and the present judgment and steps to do so shall be completed within three months from the date of the judgment," it said. Noting that the structures of Indian society have been created by males for males, the SC directed the Centre and the Army to remove the requirement of benchmarking the SSCWOs with the last male officer who had received permanent commission in their corresponding batches.

Patriarchal system

The structures of our society have been created by males and for males. As a result, certain structures that may appear to be harmless, are a reflection of the insidious patriarchal system. —SC Bench

"We must recognise that the structures of our society have been created by males and for males. As a result, certain structures that may seem to be the 'norm' and may appear to be harmless, are a reflection of the insidious patriarchal system," it noted.

"A facially equal application of laws to unequal parties is a farce, when the law is structured to cater to a male standpoint," the Bench said.

The verdict came on petitions filed by women officers seeking compliance of its 2020 directions to the Centre for grant of permanent commission, promotions and consequential benefits to them.

"It is not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces, when the true picture of their service conditions tells a different story. A superficial sense of equality is not in the true spirit of the Constitution and attempts to make equality only symbolic," it said.

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