Court orders equal treatment for women in armed

forces
Published: Saturday, Mar 13, 2010, 0:50 IST
By Puneet Nicholas Yadav & Rakesh Bhatnagar | Place: New Delhi | Agency: DNA

In a jolt to the well-entrenched gender prejudice in the defence establishment, the Delhi high court on
Friday directed the Union government to grant permanent commissions to women.

Currently, women are inducted into the army as officers under the short service commission (SSC) for a
maximum period of 14 years. Their male counterparts, on the other hand, are eligible for permanent
commissions after five years.

The existing arrangement also means that women officers are not eligible for pension and other financial
benefits.

The court’s verdict came on a petition from women officers who had charged the government with discrimination
vis-a-vis their male counterparts. A group of about 20 women officers had moved court last year seeking its
intervention to revise the service rules and allow them parity with their male counterparts.

The division bench of justices SK Kaul and MP Garg ordered the reinstatement of all short service commission
to women officers who had retired and approached the court seeking permanent commissions in the forces.

“If male officers can be granted permanent commissions while performing similar tasks there is no reason why
capable women officers cannot be granted the same. It is not a charity being sought by women officers but
enforcement of their own constitutional rights,” the court observed. Though military sources insist they will wait to
see the full text of the court verdict before deciding on the next course of action, there are indications that the
government may not rush into an appeal against the order.

In fact, it is highly likely that the government will accept the court order and implement it across all three
services, one source hinted.

While slamming the gender bias in the defence establishment, the court, in its 32-page order, quoted American
columnist Will Henry: “Nature gave women too much power, the law gives them too little.”

Laying the ground for a favourable judgment for women pleading for similar rights in the armed forces in several
pending cases, justice Kaul said, “Once a decision is taken on a policy initiative that there are areas where
women can be employed… there cannot be discrimination on ground of gender in terms of opportunities.”

Women officers of the armed forces have hailed the court’s verdict as a landmark judgment. “This will definitely
change things in the time to come. This will go a long way in changing things and the outlook of women in the
army,’’ wing commander Pushpanjali said.

Wing commander Rekha Aggrawal, who served in the IAF from 1995 to 2009, said: “I am very glad now. I will
again join office. I want to serve my nation.”

A senior army general said the order means the military will have to rework its promotional policies, which would
be a cumbersome task.

NEW DELHI: Government on Wednesday said women officers serving in the armed
forces were entitled to all privileges and facilities available to their male counterparts and
there was no gender bias in the Army.
"Women are inducted as officers in the armed forces and entitled to all the powers,
privileges and facilities available to an officer without any gender bias," Defence
Minister A K Antony informed the Rajya Sabha in a written reply.

He added that the Air Force has decided to implement the Delhi High Court order for
granting permanent commission to Short Service Commission woman officers whereas in
case of the Army, the matter was sub-judice.

To another query, Antony said of the 55 special clothing and mountaineering equipment
for high altitude areas such as Siachen and Kargil, "36 items are being procured
indigenously and 19 were being imported."

An empowered committee under Army's Master General Ordnance was formed to

streamline procurement of these items as per quality and user requirements, he added.

Read more: Women in Army to get all facilities as men: Govt - The Times of India
http://timesofindia.indiatimes.com/india/Women-in-Army-to-get-all-facilities-as-men-
Govt/articleshow/6228655.cms#ixzz14n2ze4vl
Women in the Indian Armed Forces
(By-Sajita Nair)

In the modern world, there are no domains of work that women haven’t
delved into. Words such as chairman and cameraman have been rephrased as
chairperson and cameraperson, to accommodate women. Many a male dominated
work place has crumbled under the power of the woman - her spirit and energy.
The Indian Armed Forces, which for long was considered a male dominated
workplace, now has confident, bold women, molding into every role and setting
examples for everyone. Lieutenant General Puneeta Arora, a lady officer from the
Army Medical Corps, heads the prestigious defense institution, the Armed Forces
Medical College (AFMC), in Pune. In the land of Razia Sultana and Rani of Jhansi, it
comes as no surprise that women make their mark in the Armed Forces.

Indian Armed Forces

The Indian armed forces comprises of Army, Navy, Air Force and Coast
Guard. The Coast Guard was set up as an Armed Force more recently in 1978. Due
to their unique roles as protectors of the nation’s land, sea and airspace
respectively, the nature of work in each service is different. Apart from their main
roles of defending the country, they may also be required to perform tasks to ease
civil administration during times of crisis. The Indian president is the supreme
commander of the armed forces. In carrying out the primary role of defending the
nation, the armed forces personnel are bound by certain rules that govern their
conduct. But, they also enjoy certain privileges that their civilian counterparts do
 not have access to. Passion for adventure activities and sports can pay off, as one
can represent the defense teams and even the country.

Bright, young and energetic men and women make up the bulk of
manpower in the armed forces. Recruitment is voluntary, which implies that every
citizen of India is eligible to be a part of it, provided he/she fulfils the specified
criteria for selection. Caste, region or religion, do not come in the way of the
selection process, thereby making it a heterogeneous work place. Personnel retire
earlier than many other government sectors, to keep the armed forces team,
young and dynamic. Manpower in each of the services is broadly divided into
‘Commissioned officers’, ‘JCO’s (Junior Commissioned Officers)’ and ‘Other Ranks’
based on their qualifications and seniority.

Entry of Women

The role of women in the armed forces for a long time, was limited to the
medical profession i.e. doctors and nurses. In 1992, the doors were thrown open
for women entry as regular officers in aviation, logistics, law, engineering and
executive cadres. Thousands of spirited young women applied against
advertisements and it was a turning point in the history of time. These women
chose a new field where they had to painstakingly pave a path for the others to
follow.

The initial adjustment problems weren’t as much for the women as it was for the
men. Wrapped in their tradition of chivalry and respect to women, most
gentlemen officers could not treat their female counterparts at par with
themselves. Their subordinates too, were men who came from conservative
families where they saw women playing only traditional roles. The emergence of
these women into totally male dominated bastions did initially create
embarrassing moments for both. Men hushed their talks and behaved courteously,
while women had to do with makeshift arrangements to suit their needs within
units. Over the years and having come a long way now, men have realized that
these women in uniform are their efficient and able co-workers. The time is not far
when we may use the term ‘sisters-in-arms’ as equivalent to ‘brothers-in-arms’.

Currently, women in the non-medical cadre, serve as Short Service

Commissioned (SSC) officers. Under this type of commission, they can serve in the
armed forces for a period ranging from 5-14 years. On release they can pursue a
career in the civil sector. SSC officers are released with gratuity and can avail
some benefits as ex-serviceperson, but they do not get pension. Women in the
 medical branch i.e. doctors and nurses can serve as Permanent Commissioned
(PC) officers and are eligible for pension after retirement. They also have the
option to serve as Short Service Commissioned officers.

Eligible women, who qualify various tests successfully, serve as Short Service
Commissioned officers in the following branches of the Armed Forces.

ARMY: EME, Signals, Engineers, Army Education Corps, Army Ordnance Corps,
Army Service Corps, Intelligence and Judge Advocate General’s branch.

NAVY: All branches of the Navy (except submariners and divers).

AIR FORCE: Flying (transport aircraft and helicopters), Technical and

Administration branches.

COAST GUARD: All branches of the Coast Guard.

An Officer and a Lady

In the modern day of electronic warfare, it’s more about overcoming stress
in warfare than physical combat. It has been proven scientifically that women
handle stress better and are also mentally tougher. This is not to undermine a
woman’s physical capability. Women have done extremely well in physical training
as well. In the first few batches at the armed forces training academies women
displayed more endurance and some even outran their male counterparts in
cross-country runs and long distance marches. They carry on this tradition and
keep setting new records.

As commissioned officers at the age of 22-23 years, they may often have
subordinates older than their parents. Hence, from day one, it is a challenge and
leadership qualities are under test. The color of their crisp uniforms and the
stars/stripes they adorn differentiate them from each other. Despite the good
quality of life, they may sometimes undergo hardships due to the nature of work.
An officer may have to work in tough terrains or difficult circumstances. Most
women however, who undergo training as cadets in various military academies,
cope up with various difficult situations, easily. Being a transferable job, transfers
and movements are seen as unique travel opportunities to travel to remotest
locations in the country. Every unit is a mini-India with people and cultures as
diverse.

As most lady officers are married to gentlemen officers in the armed

forces, as per government policies, they are transferred together. Women officers
can also avail of maternity leave; furlough and annual leave in succession, to cater
to pre and post-natal care. On retirement too, they enjoy medical facilities and
 coveted club memberships. They can afford to maintain the same quality of life
due to the various benefits they can avail of. Their experience and qualities
imbibed while in service make them much in demand in the private sector.

Although the path these women have chosen is tough, they have proved
that they have the spirit, the courage and the will to carry on. Presently, women
do not serve in combat arms nor do they fly fighter aircrafts, but it won’t be long
before these forbidden avenues are thrown open to them.

The government has decided to deploy newly inducted para-military women

personnel along the international borders, including with Pakistan and China, to give
an impetus to civic action programmes and counter anti-India propaganda. Plans are
ready to get these young women to talk to the local population and inspire them to
participate in government schemes and contribute to civic works in their respective
areas.
“These women recruits of BSF, ITBP and SSB have largely come from areas which
are either naxal or insurgency hit. Despite problems, they chose to work in armed
forces and have made excellent careers. The government aims to communicate their
success stories to the youth and others in these border areas," a senior para-military
officer said. Apart from the Pakistan and China borders, the women personnel will be
posted along the Bangladesh, Nepal and Bhutan borders.

The government has decided to deploy newly inducted para-military women personnel
along the international borders, including with Pakistan and China, to give an impetus to civic
action programmes and counter anti-India propaganda. Plans are ready to get these young
women to talk to the local population and inspire them to participate in government schemes
and contribute to civic works in their respective areas.

“These women recruits of BSF, ITBP and SSB have largely come from areas which are
either naxal or insurgency hit. Despite problems, they chose to work in armed forces and have
made excellent careers. The government aims to communicate their success stories to the youth
and others in these border areas," a senior para-military officer said. Apart from the Pakistan and
China borders, the women personnel will be posted along the Bangladesh, Nepal and Bhutan
borders.
28 Mar 2010
Women Officers to get Full Commission in Armed forces: High Court
While the cry everywhere is to give equal rights and opportunities to the
members of the fair sex, the Delhi High Court has done its part by setting aside
the government policy and directing it to grant full commission to women officers
in the armed forces. To defend the government policy was no less than the
Solicitor General of India, Mr. Gopal Surbramaniam himself. However, the
Division Bench of the High Court held otherwise.

The High Court noted the claims of the women officers as under;

1. “Nature gave women too much power; the law gives them too little.” observed
Will Henry, American political adviser and columnist. The claim of women to the
right to serve in the Armed Forces has been and is a matter of debate in various
countries. The denial of such right is pleaded to be a case of gender
discrimination. This is more so as the modernization of the Armed Forces has
resulted in lesser reliance on a hand to hand combat. The debate in each country
is coloured by its own social & cultural norms and ethos. In some of the countries
women have now been inducted into combat force while in other countries the
induction has been restricted to support services to actual combat.
2. The second limb of the claim is for the right to Permanent Commission (for
short "PC‟). In India the progress in this behalf has been slow on the perceived
ground of social norms. There has been induction of women into certain
restricted areas of the Armed Forces and that too on a Short Service
Commission (for short "SSC‟) basis. The Government is stated to have carried
out studies for grant of PC to women but till date it has not received a favourable
response.
3. We are here concerned with women officers who were granted SSC in the Air
Force and in the Army and who seek PC. These officers have had long stints
albeit on SSC basis extended from time to time to as much as 14 years. The
consequence of not being granted PC is that these officers are deprived of
certain benefits and privileges, which would have enured to them in case of grant
of PC like pension, ex-serviceman status, medical facilities, etc.
The High Court undertook stocktaking of the position in relation to all three wings
of the armed forces and noted the arguments of the rival sides acknowledged
that "courts are slow to interfere in policy matters (which) is more so where the
Armed Forces are involved which have their own peculiar requirements and
norms" and also that "as to whether women ought to be recruited or not into the
Armed Forces and if so then in which areas of operation, does fall within policy
domain". However the Court was quick to point out that on such counts it cannot
choose to ignore the "discrimination on the ground of gender in terms of
opportunities" and the claims for "equity and fairness in view of Articles 14, 16 &
21" of the Constitution of India. The High Court clearly pointed out, thus, that "the
area of judicial scrutiny would arise where both men and women officers are
taken on SSC pursuant to a policy decision and while men have been offered
PC, a similar privilege has not been extended to the women officers." Being of
this view, the High Court declared the law as under;

57. The doctrine of legitimate expectation as observed in various judgments

referred to aforesaid is granted on the rule of law as requiring regularity,
predictability and certainty in Government dealings with the public, operating both
on procedural and substantive matters. The fair play would be the expectation
from the Government.
58. We are of the considered view that the women officers of the Army can be
treated no differently from the Air Force women officers even though there is no
specific policy decision in their case as they are at par with the women Air Force
officers.
59. The methodology adopted by the Army in dropping seniority for any
differential of training inter se male officers or inter se female and male officers
as discussed in the factual matrix can equally apply for fixing seniority once PC is
granted to the women officers.
60. A PC carries with it certain privileges of rank including pension. These
women officers have served well the Armed Forces of the country in the areas of
operation they were recruited for and have worked in this capacity for 14 to 15
years. They deserved better from the respondents. There is no reason why these
persons who have knocked the door of the court should be deprived of their
benefit and the benefit extended only in future for grant of PC to women. It is not
as if a complete chapter can be opened by persons who have chosen to accept
the SSC and on completion of period decided to go out of service. The benefit is
only available to serving officers and the ones who knocked the court but during
the period of consideration of the matter retired from service. It would have been
in the fitness of things if the respondents having taken the decision to offer PC
prospectively should have favourably examined as a policy itself, the plea of the
petitioners who were in service or retired from service during pendency of petition
to grant them an equivalent benefit. In matters of gender discrimination a greater
sensitivity is expected and required.
The High Court further issued consequential directions to the armed forces to
consider the claims of the women officers for Permanent Commission in terms of
the decision.

… I want … a unit of brave Indian women to form a death-defying Regiment who will wield the
sword which Rani of Jhansi wielded in India`s First War of Independence in 1857." - The great
leader was the first to recognise the immense potentiality in Indian women hence the participation
of women in Indian army became an event of sheer importance. He therefore, invited the
participation of Women in Indian National Army, to put up an invincible resistance against the
hostile colonizers, the British.

Subhas Bose voyaged for Berlin, from Calcutta in January 1941, to enter
a secret alliance with Hitler against the common foe, the British. About a
year and a half later he sailed by submarine to Tokyo. There he accepted
responsibilities of Indian prisoners of war. These prisoners were escorted
to Singapore to be trained into an army of emancipation. On January
1942, the Indian National Army (INA) came into existence, at Berlin. On
July 9, 1943, Subhas Bose was elected as the Indian Independence
League of Singapore. The League vowed to offer him the urgent finances and army personnel, as
per as requirements. He demanded 300,000 soldiers, Rs 30,000,000, and "a unit of brave Indian
women." for accomplishing in the mission. Hence, ushered in a new era, unfolding the gallantry of
women, in Indian national army.

ubhas Bose very promptly, beckoned the women members of the

League, to enroll themselves with the Rani of Jhansi brigade.
Subhas Bose also designed a Department of Women`s Affairs within
the League and recruited Dr. Lakshmi Swaminathan as head. The
"utter, absolute sincerity" of Subhash Chandra Bose in recognising
the talent of Indian women within no time paved the way to usher
in a new concept of involving women in Indian national army. The
first wish of the department was to appoint women for the INA, but
its ultimate destination was the achievement of equality for women.
Subhas Bose urged Dr. Lakshmi and the women of Singapore to
embrace the female freedom fighters in India as their ideal.
Women`s bravery and commitment had very well been focused in
the Satyagraha protests of Gandhi as well
as in radical nationalism. In fact, to
imbue the regiment with the Indian
heritage of boldness, it was named after
the Rani of Jhansi, the heroine of the First Indian War of Independence,
the Revolt of 1857.

The first Rani of Jhansi training camp was inaugurated under the direct
guidance of Subhas Bose, near Singapore on October 22, 1943. Dr.
Lakshmi Swaminathan, was conferred upon the military status of Captain
Lakshmi. She became the in-charge of the regiment`s military and
nursing sections. The seed sown back, thus gained a definite contour with
this whilst making women in Indian national army an imperative part.

The stirring speech of Subhas Bose in Kuala Lumpur overwhelmed the

women folk. Janaki Davar, a patriotic mind, donated her earrings for the
war-fund of Subhas Bose. Her parents were annoyed with her act but she
could manipulate them to invite Captain Lakshmi for tea. Lakshmi gave
Janaki to fill up the application form for the regiment. When Janaki was
seventeen, she rose to the prominence of a Rani (league-member). The Japanese and Indian press
greeted this formation of INA. The three camps - at Singapore, Rangoon, and Bangkok - started
consisting of 1,000 women recruits. Whereas a minority was furnished with nurse`s training, the
maximum members the rest were molded into soldiers. The level of training was in keeping with the
standards of male soldiers` rigorous training. The women in Indian national army, donned in caps,
shirts, jodhpurs, breeches, and boots, resembled that of men.

However, when it came to active participation in the war-front, the ranis , lagged a little behind. A
contingent of women was channelised as a retreating army to Burma just as the Japanese were
being pushed back from Imphal. By June of 1945 the ranis had retired to Singapore while Captain
Lakshmi remained behind in the jungles of Burma to continue with her rescue operations. The ranis
had a face-to-face meeting with their commander, Subhas Bose, for last time on August 14 , while
they enacted a drama on the glorious life of the Rani of Jhansi.

The British who returned to Burma and Malaya, to investigate on the members of the INA, were
taken aback to witness the competence of women in Indian National Army. They were probably
expecting, the familiar image of the shy, introvert and fragile Indian womanhood. Women in proper
military uniform, saluting smartly, and proclaiming themselves as members of the Rani of Jhansi
regiment, left the British spellbound.

It is evident, that the activities of the women in Indian National Army were carried outside India. It
was reality that only a few of these ranis came back India after the war, but they had left their
legacy of mind-blowing courage and sacrifice to the posterity of Indian womanhood.

Women in Indian national army remained immortal in legends or stories of their dauntless
dedication. The history of the inclusion of women in Indian National Army, highlights the aura of
genius, related to the meritorious Indian woman, who has the capability to become caring and
loving, to dear ones, and to take up arms against the malignant enemy.