Women In Army : How SC Rejected Centre's Arguments Based On 'Sex Stereotypes'?
Live LawThe Supreme Court has delivered a landmark verdict holding that Women Short Service Commission Officers in the Indian Army are entitled to Permanent Commission at par with their male counterparts, regardless of their years of service. The Apex Court also held that confining women officers to only "staff appointments" by denying them command assignments is a violation of equality principle. The Apex Court also held that confining women officers to only "staff appointments" by denying them command assignments is a violation of equality principle under Article 14 of the Constitution. To oppose the command appointments to women officers, the Central Government had made certain arguments, which the Court said were based on "sex stereotypes". The Centre's arguments in the written notes were primarily as follows : The profession of Arms is a way of life which requires sacrifice and commitment beyond the call of duty; Women officers must deal with pregnancy, motherhood and domestic obligations towards their children and families and may not be well suited to the life of a soldier in the Armed force; A soldier must have the physical capability to engage in combat and inherent in the physiological differences between men and women is the lowering of standards applicable to women; An all-male environment in a unit would require „moderated behavior‟ in the presence of women officers; The "physiological limitations" of women officers are accentuated by challenges of confinement, motherhood and child care; and The deployment of women officers is not advisable in areas where members of the Armed forces are confronted with "minimal facility for habitat and hygiene".