In April 21, the Supreme Court struck down the Army’s discriminatory selection criteria for grant of permanent commission to Women Short Serviced Commissioned officers (WSSCO), with respect to the selective evaluation of annual confidential reports and application of present medical standards retrospectively to selection which is normally done at 5 or 10 years of service. The SC at that time directed that all the candidates not granted permanent commission must be considered afresh based on their medical standards prevailing at 5/10 years of service, and all their annual confidential reports must be evaluated. This judgment would have probably brought closure to 17 years of a legal battle for equal rights for WSSCOs in arms/services in which they are allowed to serve as per policy.
A case has come into SC, where 34 women officers from the Army have approached the SC against the central government for deferring their promotions and allowing junior male officers to supersede them. In their petition, the women officers, most of whom joined the Army between 1992 and 2007, told the SC that they have been passed over for promotions and benefits. The decision to overlook them for promotions flies in the face of the SC’s previous verdicts on granting permanent commissions to women.
In this latest petition, the petitioners, all of whom are Lieutenant Colonel-rank officers, argued that despite the lapse of 18 months since April 2021’s court verdict MoD has yet to constitute a Selection Board to promote them to the rank of Colonel. Their advocate argued that his clients were eligible for a promotion soon after the Delhi High Court’s 2010 verdict. Even though the Centre had appealed against the HC’s order, there was no stay on the same. This was specifically pointed out in SC’s order in 2011. Therefore the Centre should have gone ahead and promoted the women officers who were fit for permanent commission. However, the Centre chose to wait for the final outcome of the appeal.
In its hearing yesterday, a bench held by Chief Justice DY Chandrachud, issued a notice to the Central Government and MoD. The petitioner’s advocate pointed out and informed the court that an order is issued in September 2022, which announced the constitution of a selection board to promote male officers. The male officers who are under consideration are all junior to the petitioners. On hearing this the advocate who was representing the Central government was asked to withhold the promotions until the SC has heard the case and gave him two weeks to respond to the petition. In their argument, the petitioners said they had all taken the Middle-level Tactical Orientation Course (MLTOC)- a two-month course that women officers who were granted permanent commission are required to undergo to assume the rank of colonel. Designed specifically for women officers after the SC’s 2020 and 2021 verdicts, the MLTOC takes place of the three-month-long junior command course that male officers are required to undergo.
Despite their having taken the course, however, no selection board was constituted for promotion. As a result, the petitioners argued, they were denied consequential benefits such as promotion, financial benefits, study leave, and deputation. Meanwhile, authorities have conducted two exclusive selection boards to promote male officers. Since the government has not conducted any selection boards for senior women, they are being forced to serve even under their male counterparts who are much junior to them.
Women officers who have been passed over for promotion are posted as ‘additional officers’ and treated as superseded or reemployed officers who do not have any defined charter of duties and they are being posted to the posts which are generally tenanted by junior officers of Captain or Major ranks. The petitioners further added that “ It is apparent that even after the grant of permanent commission, the women officers are still being subjected to systematic, indirect, and gender discrimination. If they would have been promoted in 2010 or 2011, along with their male counterparts, many of them would have become Brigadiers by now”.
The advocate appearing for Army informed the SC, saying that “ A special selection board will be convened for women officers against 150 additional posts that were in the final stages of approval from Union finance ministry. The grievance of the petitioners will be resolved soon. On assurance given by the Army, the SC bench posted the matter after two weeks, the time given to the Central government to respond in this matter.
In my opinion, all three armed forces (Army, Air Force, and Navy) are male-dominated for last so many decades, and the entry of women officers is not welcome by some of the male officers, as they have a mindset that believes armed forces are only meant for men. Unless this mindset changes, women officers will always face gender discrimination directly or indirectly. It is high time this type of mindset goes for a toss, and women officers get equal opportunity to show their mantle, in the army field assigned to them.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
22nd November 2022