By Sharanya Venkataraghavan
On 23rd July, 2020, the Defence Ministry of India issued a notification allowing women to be granted permanent commission including ranks, promotions and pensions and be allowed to serve longer tenures and command postings in all services other than combat in the Indian Army. Following a Supreme Court decision in February this year, the Apex Court ordered that women be treated equally in terms of Permanent Commissions and retirement by the Indian Army which had previously only allowed women short-service commissions up to 14 years in the Army’s educational and legal wings.
The Government made various dated arguments regarding why women must not be given permanent positions in the Indian Army in branches other than those currently allowed. The Government argued of a woman’s inability to sacrifice and commit to the same extent as men can since women’s domestic roles as a caretaker of her family restrict her. Further, the Government used arguments of physical and physiological “differences” between men and women to justify why women shouldn’t be allowed in the Indian Army. There were concerns of hygiene requirements of women and how men’s behaviour would have to be “moderated” around women. The thoughts of the Government were rooted in patriarchy where they reinforced stereotypes. They gave precedence to arguments of presence of women in the Army meaning male behaviour needing to be “moderated” over the rights of women who dream of serving the nation.
The Court expressed a similar opinion, deeming such statements as “disturbing” and pointed out the stereotypes of women being the sole bearers of domestic obligations used by the Army. The Court was upfront about how the current norms of erasing women’s merit purely based on gender is an affront to their gender and as members of the Indian Armed Forces. The Judges- Justice DY Chandrachud and Justice Ajay Rastogi recognized the discriminatory practices of the Indian Army and the problems in their arguments, taking a stance against it.
The Court adjudged Permanent Commission which has now been granted to women – giving them equal opportunities in the branches of Signals, Engineers, Army Aviation, Army Air Defence, Electronics and Mechanical Engineers, Army Service Corps, Army Ordinance Corps and Intelligence. This would apply to women currently working in SSC positions who would be considered for Permanent Commission and those who opt out would be allowed to continue till they attain 20 years of pensionable services. The same terms of receiving PC applicable for their male counterparts would be applicable to women and the option would be provided to women at the same level as their male counterparts. The Court didn’t offer any special privileges to women, but rather only provided them with the same opportunities offered to their male counterparts. However, women continue to be excluded in combat roles in the Army as the Court stated that it would have to be decided by a competent authority.
A similar judgement was given by the Supreme Court on women in the Navy in March, 2020 where they stated women were equally efficient at sailing and must be allowed permanent commission, from providing women only shorter commissions. The Air Force was and is the first and only wing to have women in combat roles as on 8th March, 2020 with Avani Chaturvedi, Mohana Singh Jitarwal and Bhawana Kanth. After a row of Supreme Court judgements, the Indian Armed forces is finally ridding itself of generations of patriarchal thought and opening more doors for women in the Armed Forces.
The Armed Forces started inducting women in 1992 for the first time in non-medical capacities. However, these women were only allowed to occupy short-service commissions of 6 years till it was extended to 14 years in 2006 while male counterparts with exemplary performance could move from Short-Service Commissions to Permanent Commission positions. This notification opens up in addition to legal and education streams- Signals, Engineers, Army Aviation, Army Air Defence, Electronics and Mechanical Engineers, Army Service Corps, Army Ordinance Corps and Intelligence where women may occupy on basis of merit- Permanent Commission positions.
What next for the Indian Armed Forces? While women are slowly being integrated into the IAF, women are yet to be appointed to positions in combat and specialized forces, specifically in the Indian Army, women in the Navy are yet to be positioned on ships since they’re not designed to accommodate women and the list goes on. While the Indian Armed Forces is definitely opening itself up to women who are breaking stereotypes, there is a long way to go to normalization of women in the Armed Forced which is seen as a “male profession” and has been for years and the accommodation of women not merely as women pilots, soldiers, commanders but as colleagues working towards the same goal with the same sense of camaraderie.
