On Thursday the Supreme Court instructed the Central government to permit permanent commission(PC) to female officials who were excluded on the ground of unequal application of fitness standards. In its judgment, the Court noted that the fitness standard, as shape 1 criteria, were applicable to male officers. The Court said that shape 1 criteria itself is not arbitrary, so there was discrimination in its application. So it governed that women officials who were excluded from PC November 2020 are totally based on Non-compliance with shape 1 fitness standards.
The Court argued that such standards were usually set upper limit of 250 permanent commissions a year was not followed this time. Further, the Court said that societal structures have been “created by males to males”. Last year in February, a landmark judgment in which SC had stated that female officials in the Army be granted Permanent Commission on par with their male equivalent. The Court had, in the proceeding, held that the Centre’s attitude was based on gender stereotypes and societal notions on gender roles that men are physically stronger while women are weak and compliant. The Court had underlined that those contentions were disturbing, apart from being contrary to the Central government’s own 2019 policy. Also, directed the Central government to implement the Court’s ruling within 3 months. Also, Solicitor General Sanjay Jain, appearing for the Defense Ministry, had told the Court that the Centre applied the same rules to male officers as well.
Chief Justices DY Chandrachud and MR Shah had said that there cannot be a ” Perverse inequality ” In the armed forces. Justice Chandrachud remarked that it was satisfying to have 422 women getting permanent commission.
