Holding there can't be "101 excuses" to deny women in the military equal rights, the Supreme Court on Tuesday cleared the decks for granting permanent commission to women officers in the Navy and asked the Centre to work out the modalities in three months.
In a landmark verdict for gender equality, the court held that a level playing field ensures that women have the opportunity to overcome "histories of discrimination", as it cited the achievements of women Navy officers, including those serving on-board the INS Jyoti warship.
The 64-page verdict by Justices D Y Chandrachud and Ajay Rastogi comes exactly a month after the same bench had opened the doors for similarly-placed Short Service Commission(SSC) women officers in the Army.
"A hundred and one excuses are no answer to the constitutional entitlement to dignity, which attaches to every individual irrespective of gender, to fair and equal conditions of work and to a level playing field," the top court said.
Elated after the verdict, former naval officers who waged the legal battle for over a decade said they would now like to see a woman command a warship and serve in submarines.
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Cdr (retd) Sumati Balooni, one of the petitioners in the case, said the "landmark" judgement will help bring in change in the mindset within the Navy.
"Now that the first step has been taken, the next feat would be to see women officers commanding a ship and serving in submarines in the near future. If women can command a spaceship then they can also command a ship," said Balooni, who had joined the Navy in 1993.
The court said it is plainly discriminatory to deprive serving women officers of the opportunity to work as equals with men on PCs (permanent commissions) in the Indian Navy.
"Furthermore, to contend that women officers are ill-suited to certain avocations which involve them being aboard ships is contrary to the equal worth of the women officers who dedicate their lives to serving in the cause of the nation."
The court said the battle for gender equality is about confronting the battles of the mind and history is replete with examples where women have been denied their just entitlements under law and the right to fair and equal treatment in the workplace
It said the Centre's contention that certain sea-going duties are ill-suited to women officers is premised on sex stereotypes that male officers are more suited to certain duties by virtue of the physiological characteristics and to accept it would be to "approve the socially ascribed gender roles which a commitment to equal worth and dignity of every individual belies".
The court rejected the submissions of the Centre that certain avenues such as sea-sailing duties are ill-suited for women officers as there is no return to the base, unlike in the Army and the Air Force.
It also termed as "illusory and without any foundation", the argument that in vessels of a Russian origin which are deployed by the Indian Navy, no provision has been made for women as sailors and there are no bathrooms to accommodate them.
"Women officers have worked shoulder to shoulder with their men counterparts in every walk of service. The supposed explanations based on duties at sea or Russian vessels are devices adopted to justify an action which is not germane to the proper discharge of duties and the maintenance of discipline among members of the Armed Forces."
The bench delivered the verdict as it quashed the prospective effect of the Centre's controversial September 2008 policy, which restricted the grant of permanent commission to certain categories only.
"The stipulation in the policy letter dated September 6, 2008, making it prospective and restricting its application to specified cadres/branches of the Indian Navy shall not be enforced," the court said, while setting aside the implementation guidelines issued on December 3, 2008.
"The statutory bar on the engagement or enrolment of women in the Indian Navy has been lifted to the extent envisaged in the notifications issued by the Union Government on October 9, 1991 and November 6, 1998 under Section 9(2) of the Navy Act of 1957," it held.
The 1991 notification envisaged that the restriction on the appointment or enrolment of women was lifted for specified cadres/branches of the Navy, while the 1998 notification made women eligible for appointment as officers in all the branches of the Indian Navy.
The top court said that all the SSC officers in the education, law and logistics cadres of Navy, who are presently in service shall be considered for the grant of permanent commissions (PCs).
It said the period of service after which women SSC officers shall be entitled to submit applications for the grant of PCs shall be the same as their male counterparts.
"A level playing field ensures that women have the opportunity to overcome their histories of discrimination with the surest of responses based on their competence, ability and performance," it said, adding that in the context of the Armed Forces, specious reasons have been advanced by decision makers and administrators, which range from physiology, motherhood and physical attributes to the male dominated hierarchies.
Referring to the verdict of February 17, in which permanent commission was granted to women officers in the Army, the bench said it was held that there was a need to change mind set if equality for women is to be achieved in the Armed Forces.
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