India an aspiring global power cannot be discredited with gender disparity. Earlier the government denied the proposal for granting Permanent commission merely on the basis that they are women.Other reasons being:1.women not fit to serve in ground combat roles 2.Motherhood,childcare have a bearing on employment of women officer in army 3.deployment of women officers was not advisable in conflict zone where there was minimal facility for habitat and hygiene.
Because the above arguments doesn’t hold water,supreme court observed: 1. 30 percent of women officers in conflict areas 2. Past records have revealed that IAF has allowed women to become fighter pilots. 3. Women officers are already commanding platoons with male soldiers accepting orders from them as part of professional forces. It means that women officer are eligible to tenant all command appointments which would open avenues for further promotion to higher rank.Countries like China,US and Israel with powerful militaries have been deploying women with their male counterparts for security of nation.
More importantly in furthering the principle of equality and non discrimination enshrined in the constitution the court has at the same time come down heavily on stereotypes of women and their physiological features. About women officers in command posts, the court has made it clear that there cannot be an absolute exclusion of women officers.
On Permanent Commission for the women officers, a bench headed by Justice DY Chandrachud has observed that there is no ground to deny women officers a permanent commission even if they have completed 14 years rules.
Directing the Centre to implement the Supreme Court Order in the next three months, it has said clearly that the PC be given to all women who have opted for it and to The court directed the Centre to grant permanent commission to all women officers who opt for it. And has also directed that the women officers shall also be eligible for command posting in the Army.
Justice Chandrachud also cited examples of leading women officers Captain Tanya Shergill and Captain Madhumita and has noted women officers as convoy commanders in Leh, Udhamnagar etc.
According to the order, the new policy will also benefit all Short Service Commission women officers.SSC women officers with less than 14 years, as well as beyond 14 years of service will be granted PC.