After a Supreme Court judgment in the case of The Secretary, Ministry of Defence v. Babita Puniya & Ors granted permanent commissioning (PC) to women officers, a Bench of the Supreme Court of India comprising of Justices DY Chandrachud and Ajay Rastogi heard submissions on Wednesday and Thursday regarding the availability of Permanent Commission to female officers of the Navy as well as the Air Force.
Hearing regarding Permanent Commission for women officers of the navy
Argument by the Additional Solicitor General of India:
The question of gender discrimination and parity does not arise in case of Navy. Only one person had been provided entry into PC from SSC because of the unavailability of enough number of people
Argument by the Counsel representing women officers:
“Facially neutral discrimination”
An employment practice does not seem discriminatory on the face of it, but it is discriminatory in its application or its effect
In the Supreme Court of the United States in US v. Virginia wherein military training facilities violated the Equal Protection Clause. it was observed that the test for gender discrimination is much higher because discrimination can be covert.
Hearing regarding Permanent Commission for women officers of the air force
Argument by the Counsel representing women officers:
Despite the Air Force having accepted the BabitaPuniyajudgement, there was lack of implementation of the same.
Bhati contended that her client's application was rejected because he was inducted prior to the policy, but those of her male colleagues were accepted.
Argument by the Additional Solicitor General of India
The parties who had approached the Apex Court were not party to the judgment and were all out of service before the Order was delivered.
The matter will now be heard on 4th March, 2020.
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