SC on SSC women Army officers: "In prevailing situation, let’s not bring their morale down”

In an apparent reference to the ongoing India-Pakistan military conflict, the Supreme Court on Friday asked the Centre not to release from service Short Service Commission women Army officers challenging denial of permanent commission to them as it would bring their morale down.

"In the prevailing situation, let’s not bring their morale down. They are brilliant officers; you can use their services somewhere else. This is not the time that they (should) be asked to roam around in the Supreme Court. They have a better place to be and serve the country," a Bench led by Justice Surya Kant told Additional Solicitor General (ASG) Aishwarya Bhati.

Making it clear they should not be released from service till the next hearing, the Bench – which also included Justice N Kotiswar Singh — posted the petitions filed by 69 women officers for hearing in August.

Maintaining that it was an administrative decision based on a policy to keep the armed forces young, the ASG urged the Bench not to grant any stay on their release. The Indian Army needed young officers and every year only 250 personnel were granted permanent commission, she submitted.

Senior advocate Maneka Guruswamy, representing Colonel Geeta Sharma, referred to the case of Colonel Sofia Qureshi — one of the two women officers who briefed the media on the Operation Sindoor on May 7, 8 and 9 – and said Colonel Qureshi had go to the top court for permanent commission and now she has made the country proud.

Without commenting on her submissions, the Bench said the issue before it was purely a legal one and had nothing to do with the achievements of the officers concerned.

In its February 17, 2020, the top court said absolute exclusion of women from all positions, except staff assignments, in the Army was indefensible and their blanket non-consideration for command appointments without any justification couldn't be sustained in law.

Since then, the top court has passed several such orders granting permanent commission to women officers in the Navy, Indian Air Force and Coast Guard.

Allowing permanent commission to women officers in the Army, it said an absolute prohibition of women short service commission officers to obtain anything but staff appointments evidently did not fulfil the purpose of granting permanent commission as a means of career advancement in the Army.

In its February 17, 2020 landmark verdict granting Permanent Commission to women officers in the Army, the top court had specifically acknowledged the achievements of Colonel Qureshi.