‘Make Transitional Arrangement’: Supreme Court Asks Union Govt to Pause Release of Women Army Officers

New Delhi: The Supreme Court on Friday (May 9) asked the Union government not to release Short Service Commission (SSC) women Army officers who are challenging the denial of Permanent Commission (PC) to them, The Indian Express reported. The top court emphasised on keeping their morale high, particularly at a time when the government has been visibly platforming women in significant military roles.

Presiding over a two-judge bench, Justice Surya Kant observed, "There is some better place now for them to perform. As of date, we would like their morale to be kept high. Meantime, just utilise their services.”

He added, "It’s not your case they are an unsuitable kind of officers," and suggested making a "transitional arrangement" until the matter is heard next in August, hinting at the current security climate by saying, "At this juncture, let us not do something which…"

This intervention comes as the government recently showcased women officers, such as Colonel Sofiya Qureshi of the Indian Army and Wing Commander Vyomika Singh of the Air Force, who have been jointly briefing the nation on "Operation Sindoor" following military strikes.

Notably, Col. Qureshi's achievements were acknowledged by the Supreme Court in its landmark February 17, 2020, judgment that granted PC to women officers. That ruling had strongly criticised the government's earlier stance, which had described women as "physiologically unfit" in a note the court found perpetuated gender stereotypes and termed an "insult not only to women but also to Indian Army."

During today’s hearing, additional solicitor general Aishwarya Bhati, for the Union government, argued that releasing SSC officers was an administrative decision based on a policy to keep the armed forces young, citing the Army's pyramidal structure. She also stated that women have fared "far better" in securing PC since its full introduction.

Representing Lt Col Geeta Sharma, one of the petitioners, senior advocate Menaka Guruswamy highlighted that Col. Qureshi herself would not have been able to lead the 'Operation Sindoor' briefing had the Supreme Court not enabled PC for women in the 2020 Babita Puniya case. Ms Guruswamy contended that administrative powers could not be an excuse for discrimination and pointed to alleged vacancies.

The Supreme Court, while stating it was not ordering a stay on merits at this stage, stressed the need for a blend of young and experienced officers. Justice Kant remarked on the pride felt for officers serving in challenging conditions, noting, "We now have far excellent officers. We feel proud of them."

The legal battle for women officers seeking PC has been protracted. Even after the 2020 judgment, which had underscored the need for "administrative will and change in mindset" to overcome gender discrimination, women faced hurdles, including challenges over medical fitness criteria that the top court had previously questioned as potentially unjust.

In October 2020, the Supreme Court, then including now-retired Justice D.Y. Chandrachud, had again intervened, noting a "difference of thinking" between top leaders and Army bureaucracy regarding women's PC.

The Supreme Court will hear the current petitions next in August, starting with the Army's case.