When CJI DY Chandrachud came to know about the discrimination being done towards women officers in the Indian Army, he was shocked. He bluntly warned the Defense Ministry to put their house in order, otherwise it will not be fine. The CJI became so enraged at the discrimination being done to women officers that he verbally told the Additional Solicitor General to tell the person sitting at the top that even if he tries to bypass our decisions, it will be bad. The consequences will have to be faced. In fact, the CJI was told during the hearing that despite the decision of the Supreme Court, the army has framed new rules to sideline women officers in promotion. Because of these barriers, women officers have to lag behind male officers in terms of promotions. The CJI was eager to know the truth.
CJI told the Solicitor General that right now we are only giving notices. If things don't go well, we won't hesitate to teach you a lesson. He said that "tell your superiors to fix everything on their own, Otherwise, we will initiate contempt action. Next time if you try to mislead us by telling something else, we will also tell you how to act properly". Citing the earlier decisions of the Supreme Court, the CJI said that you are not even obeying our orders. All this is not going to work.
CJI Chandrachud, Justice JB Pardiwala was hearing the petition of women officers posted in the army. It said that of course the Indian Army is appointing women as commissioned officers. But they are discriminated against in promotions and command postings. Women officers said that this discrimination is being done against them by subverting the rules of ACR. In the matter of promotion, male officers are given preference over female officers. The counsel appearing for the women officers also referred to the decisions of the Supreme Court.
Women military officers had filed their petitions in the case of Lt Col Nitisha Vs Union of India. While hearing the case in March 2021, the then Justice DY Chandrachud's bench of the Supreme Court had issued some guidelines to the Center regarding permanent commission to women officers in the army. In its decision of 2020, the Supreme Court had said that Indian Army's decision of not giving permanent commission to women is illegal. However, after that the army opened the way for women to be inducted as commissioned officers. However, now the dispute is about giving them facilities.
Senior Advocate V Mohana told the Supreme Court in the last hearing that although women are now being inducted as commissioned officers in the army, they are being denied their rights. The army has not even formed any selection board to decide his promotion. He said that this is a complete violation of the Supreme Court's decision in the Nitisha case.
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