Indian Navy directed to reassess woman officer's permanent commission

Indian Navy directed to reassess woman officer's permanent commission

The Indian Navy has been directed by the Supreme Court today to reassess the case of a woman officer who was denied a Permanent Commission in the Judge Advocate General (JAG) branch, by envoking Article 142 to ensure justice is served. This ruling followed a series of petitions advocating for Permanent Commission rights for short service commission officers within the Indian Navy.

A specially convened bench led by Chief Justice of India DY Chandrachud, accompanied by Justice Hima Kohli, issued the judgment after scrutinizing multiple petitions concerning the Permanent Commission for short service commission officers in the Indian Navy. 

Notably, Article 142 empowers the Supreme Court to issue any necessary order to achieve complete justice in any pending case or matter.

In the case at hand, the petitioner, commissioned as a Short Service Commission Officer (SSCO) in the Indian Navy on August 6, 2007, rose to the rank of Lieutenant Officer within the JAG branch. Despite her meritorious service, she faced a setback when her application for a Permanent Commission was denied. This denial prompted her to seek legal recourse, leading to the intervention of the Supreme Court.

The Court's decision emphasized the importance of upholding principles of fairness and gender equality within the armed forces. It highlighted that previous judgments, particularly one lifting the statutory bar on the enrolment of women in the Indian Navy, should guide the treatment of SSCOs, including women officers, in matters pertaining to the grant of Permanent Commission.

Furthermore, the Court clarified that any policy barriers, such as the 2008 policy letter cited by Navy authorities, should not impede the rightful consideration of women officers for Permanent Commission. Instead, it emphasized the need to adhere to the directions laid out by the Court, ensuring that women officers, particularly those in specialized cadres like education and law, are given fair opportunities for career advancement.

In light of these principles, the Supreme Court directed the Indian Navy to reconvene a selection board to reevaluate the case of the woman officer in question. This decision was underscored by the fact that she was the sole serving JAG officer from the 2007 batch, necessitating a fresh assessment of her eligibility for a Permanent Commission.

 

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