Reported By: Amruta Pawar

The supreme court in the matter of Nitisha v/s Union of India warned the defense Ministry over the allegations of discrimination in the promotion of women army officers who are entitled to permanent commission as per the decision in the secretary, Ministry of Defense v/s  Babita Puniya.

In the secretary, Ministry of Defense v/s Babita Puniya it was held that excluding women officers from receiving permanent commission was illegal. The evaluation criteria were held to be arbitrary & irrational and thus the applications of women short service commission officers were to now be considered. 

In 2021 in the case of Lt. Col. Nitisha v/s Union of India, the court recognized that the criteria for grant of permanent commission to women officers were indirectly discriminatory though facially neutral.

The advocate for the petitioner contended that the Indian Army did not hold any selection boards for promoting women officers nor did it take any steps to comply with the ruling of the Nitisha Bench. It was also contended that meanwhile the junior Male officers were promoted over their female counterparts.

After the warning of the court, the selection board considered the applications of approx 246 women officers.

However, once again it was brought to the notice of the court that new problems are being created in the promotion of women officers by refusing to consider the latest annual confidential reports and performance evaluation reports by the selection board. This also included filling vaccines on a pro-rata basis or intentionally assigning promoted women officers to lead contingents that are usually led by junior officers.

The supreme court put the respondent on notice & was told to rectify failing which serious action will be taken. 

The supreme court thus gave the Ministry last opportunity to set their house in order.