NEW DELHI: The Supreme Court on Wednesday questioned the Centre over less female representation in the Judge Advocate General (legal) branch of the Army scrutinising its 50-50 selection criterion.
A bench comprising Justices Dipankar Datta and Manmohan last week reserved its verdict on the petition filed by officers Arshnoor Kaur and Astha Tyagi. Despite securing 4th and 5th ranks respectively — ahead of their male counterparts — the two were not selected for the JAG department due to the limited number of vacancies allocated for women.
"If it's permissible in the Indian Air Force for a lady to fly a Rafale fighter jet, then why is it so difficult for the Army to allow more women in JAG?" Justice Datta asked the Centre.
During the proceedings, the bench was informed that the second petitioner, Tyagi, had joined the Indian Navy. Taking note, SC questioned the Centre on its rationale for allocating fewer posts to women despite asserting that the positions were gender-neutral.
In response, additional solicitor general Aishwarya Bhati argued that the induction and deployment of women officers in the Army, including the JAG branch, was part of an evolving, progressive process aligned with the force's operational requirements.
"To say the policy of intake of men and women officers from 2012 to 2023 in the ratio of 70:30 (or now being 50:50) as discriminatory and volatile of fundamental rights would not only be incorrect but will also transgress into domain of executive which is the only competent and sole authority for deciding the intake of men and women officers in Indian Army," she said.
SC questioned the Centre’s claim of gender-neutral recruitment after it was revealed that women candidates with higher merit were overlooked due to vacancies still being divided by gender. Justice Manmohan remarked that true gender neutrality means selection should be irrespective of gender, not a rigid 50-50 distribution.
He further asked whether all ten women would be appointed if they qualified for the JAG branch purely on merit. Defending the existing policy, ASG Aishwarya Bhati stated that gender-specific vacancies exist across all Army branches, determined by operational needs and manpower assessments.
A bench comprising Justices Dipankar Datta and Manmohan last week reserved its verdict on the petition filed by officers Arshnoor Kaur and Astha Tyagi. Despite securing 4th and 5th ranks respectively — ahead of their male counterparts — the two were not selected for the JAG department due to the limited number of vacancies allocated for women.
"If it's permissible in the Indian Air Force for a lady to fly a Rafale fighter jet, then why is it so difficult for the Army to allow more women in JAG?" Justice Datta asked the Centre.
During the proceedings, the bench was informed that the second petitioner, Tyagi, had joined the Indian Navy. Taking note, SC questioned the Centre on its rationale for allocating fewer posts to women despite asserting that the positions were gender-neutral.
In response, additional solicitor general Aishwarya Bhati argued that the induction and deployment of women officers in the Army, including the JAG branch, was part of an evolving, progressive process aligned with the force's operational requirements.
"To say the policy of intake of men and women officers from 2012 to 2023 in the ratio of 70:30 (or now being 50:50) as discriminatory and volatile of fundamental rights would not only be incorrect but will also transgress into domain of executive which is the only competent and sole authority for deciding the intake of men and women officers in Indian Army," she said.
SC questioned the Centre’s claim of gender-neutral recruitment after it was revealed that women candidates with higher merit were overlooked due to vacancies still being divided by gender. Justice Manmohan remarked that true gender neutrality means selection should be irrespective of gender, not a rigid 50-50 distribution.
He further asked whether all ten women would be appointed if they qualified for the JAG branch purely on merit. Defending the existing policy, ASG Aishwarya Bhati stated that gender-specific vacancies exist across all Army branches, determined by operational needs and manpower assessments.
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