New Delhi: The Supreme Court Wednesday permitted women candidates to take the entrance exam for National Defence Academy (NDA) to be held on 5 September.
The order by a bench led by Justice Sanjay Kishan Kaul is an interim one and results of the test would be subject to final adjudication of the matter.
The direction came on a public interest litigation (PIL) filed by advocate Kush Kalra. The PIL wants the NDA to open its doors for women aspiring to join the armed forces.
Kalra has also sought a direction from the court to allow women to get trained in the Indian Naval Academy as well. The court has not given any order with regard to this plea.
NDA is one of the two modes for direct entry to the armed forces and the exam is held by the Union Public Services Commission (UPSC).
In its prima facie view, the bench said NDA’s admission policy is “based on gender discrimination.”
“We direct the respondent to take a constructive view of the matter in view of the judgment of this court (in the matter related to permanent commission for women in the army),” the bench said.
UPSC was directed to take out a suitable corrigendum notification in view of the court order and also give “due publicity so that the intent of the order is translated into effect.” The court will again hear the matter on 8 September.
Incidentally, Justice Kaul had authored the judgment granting permanent commission to women when he was in the Delhi High Court. The verdict came under challenge before the top court where it was pending for over a decade before it was finally upheld by a two-judge bench led by Justice D.Y. Chandrachud.
Also read: SC cleared way for permanent commission but women must measure up for their armed forces role
Government calls it a policy decision
The Modi government opposed the idea of letting women get trained in the NDA. Submitting a 13-page affidavit in the court Wednesday, the Ministry of Defence quoted the Army Act, 1950 to state that women were prohibited from joining the force.
However, an exception was made in 1992 when the government, after examining the feasibility of employing women in the army, introduced the women special entry scheme to induct women as short services commission officers.
With time the tenure of a woman SSC officer was extended from 5 to 10 and then finally 14 years. But, subsequent to an SC judgment on permanent commission, these women officers are now entitled to get absorbed as permanent commission officers in 10 non-combat departments of the Army.
Given that women now have an opportunity to work in the Army as a permanent commissioner officer, there was no reason to claim they were being discriminated against, the Modi government said.
Also, opening up avenues for employment of women in the Armed Forces is a matter of policy, the government further said.
As for NDA, it added, the institution was one of the entry modes to work in the armed forces. It does not give any automatic advantage to male cadets over their counterparts from other training establishments and institutions or has any bearing on their future prospects.
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‘The mindset is not changing’
Justice Kaul, heading the bench, found the government’s reasoning “unfounded” and “absurd.”
“Will the Army only act when a judicial order is passed? Not otherwise? We will do that if that is what you want,” the judge told Additional Solicitor General Aishwarya Bhatti, who appeared for the central government.
Justice Kaul said this has been his impression right from the High Court (when he was hearing a petition for permanent commission for women in the army). “Till a judgment is passed, the Army doesn’t believe in doing anything voluntarily,” he remarked.
Bhatti argued women were allowed to join the forces through the IMA and Officers’ Training Academy (OTA). But the bench was unwilling to relent.
“Why is co-education a problem? This endeavour is to persuade the Army to do things itself. We would prefer if the Army did something itself, rather than us passing orders,” said Justice Kaul, reminding the ASG of the long-drawn battle involved in the permanent commission matter.
The judge commented that the Navy and Air Force have been more forthcoming and liberal.
“The mindset is not changing only. The Solicitor General who was appearing before the HC in the PC (permanent commission) matter could not persuade the Army. The SC too gave many opportunities. In law also, you did not regularise them! You kept them for 5 years and extended by another five (sic), but never gave them permanent commission,” said the judge.
The court implored the government to begin with some “tokenism” to avoid judicial intervention all the time.
“We, as an institution, must confess that we may not understand all intricate, technical aspects of your structure, you are better situated to appreciate that. But the broad principle of gender neutrality you must understand and adapt it in the backdrop of your peculiarities,” said the bench.
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