'Don't lower their morale in current situation': SC on women Army officers

The Supreme Court on Friday asked the Centre not to release from service Short Service Commission women Army officers challenging the denial of permanent commission to them asking not to "bring their morale down" in "the prevailing situation".

A bench of Justices Surya Kant and N Kotiswar Singh which posted a batch of pleas filed by 69 officers for hearing in August, said they should not be released till the next hearing.

"In the prevailing situation let's not bring their morale down. They are brilliant officers, you can use their services somewhere else. This is not the time that they be asked to roam around in the Supreme Court. They have a better place to be and serve the country," Justice Kant said.

 

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said it was an administrative decision based on a policy to keep the armed forces young.

She urged the top court not to grant any stay on their release and said the Indian Army needed young officers and every year only 250 personnel were granted permanent commission.

Senior advocate Maneka Guruswamy, appearing for colonel Geeta Sharma, referred to the case of Colonel Sofia Qureshi, one of the two women officers who had briefed the media on the Operation Sindoor on May 7 and 8.

Guruswamy said Colonel Qureshi had to approach this court for a similar relief related to permanent commission and now she has made the country proud.

The bench without commenting much on the submission said the case before the top court was purely a legal one, having nothing to do with the achievements of the officers.

In its February 17, 2020, the top court said absolute exclusion of women from all positions, except staff assignments, in the Army was indefensible and their blanket non-consideration for command appointments without any justification couldn't be sustained in law.

The apex court, which allowed permanent commission (PC) to women officers in the Army, said an absolute prohibition of women Short Service Commission officers to obtain anything but staff appointments evidently did not fulfil the purpose of granting PC as a means of career advancement in the Army.

The top court also referred to the distinctions achieved by women officers, and put out an example of Col Qureshi's achievements.

Since the 2020 verdict, the top court has passed several orders on the issue of permanent commission to women officers in Armed Forces and similar orders was passed in the case of Navy, Indian Air Force and Coast Guard.