DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,
LUCKNOW

Session: 2019-2020

Constitutional Law
Final Draft

On

“Role of Article 14,15,16 &19 in Employment of Women in Indian

Armed Forces”

Submitted To: Submitted By:

Dr. A. K. Tiwari Peeyush Gautam

Professor (Constitutional Law) Roll No. – 96

Dr. Ram Manohar Lohiya IIIrd Semester

National Law University, Lucknow B.A.LL.B (Hons.)

1
 Employment of Women in Indian Armed Forces

Acknowledgement

I would like to take this opportunity to thank Dr. A. K. Tiwari without whose valuable
support and guidance, this project would have been impossible. His excellent teaching
guidance and steadfast support has been invaluable and ensured the completion of this
project.

Of course I never would have been able to conduct this study or write this final draft of my
project without the assistance provided by the library staff and would also like to thank the
library staff for having put up with my persistent queries and having helped me out with the
voluminous materials needed for this project.

Furthermore, I would also like to thank and show my deepest appreciation towards my
seniors for having guided me and culminate this acknowledgement by thanking my friends
for having kept the flame of competition burning, which spurred me on through the days and
I am also indebted to my various batch-mates, all of whom took on extra responsibilities to
allow me the time needed to document my findings and share them here, to whom I owe a
special thanks.

- Peeyush Gautam

2
Table of Contents

Introduction...........................................................................................................4

The Military Women and the Fight to be Equal...................................................6

Fight for Establishing Women in the Military.......................................................8

Kush Kalra vs Union of India & Another.............................................................10

Tackling Discrimination.......................................................................................12

Changing Rules with Changing Times.................................................................13

Conclusion...........................................................................................................17

Bibliography........................................................................................................18
Introduction

The Indian Constitution guarantees equality of opportunity for all, irrespective of sex. If it is
considered as a right, then women should be allowed to join the army as well. Though
women are in the armed forces, surely they are not in the field operations during wartimes.
They are mostly restricted to administrative section. Indian military history has a fair share of
women soldiers, Razia Sultan and the Rani of Jhansi being the most famous pre-
independence. Women were also a part of the Indian National Army raised by Subhash
Chandra Bose to fight against the British. Post-independence, women have been serving for a
long time in India especially in the Army Medical Corps (AMC), Army Dental Corps (ADC)
and Military Nursing Service. The first women army batch was employed in 1992. That was
the time where women were considered for the armed forces and recruited. Yet, till 2018
none of the women was appointed in the field sector. What is the reason for it? It is because
men are physically and even emotionally stronger than women? Women may also have
maternity problems? Hence, over past decades women had no chance at fieldwork especially
during the time of wars.

India is a country that has limited experience with regard to the induction of women in the
armed forces. Just because of some issues, women are not considered for field work and this
is not the right objective. If women can fight as soldiers in LTTE and Naxalite outfits, why
not in the services? In any case, even LTTE recruited women only after it fell short of male
volunteers. And sadly, women held no high appointments and were generally used as pawns
in indoctrinated suicide squads. Nonetheless, this can still be taken as an example for Indian
army to recruit women. Currently, women officers are given short service commission in
streams such as Education, Signals, Ordnance, helicopter and transport aircraft flying,
navigation, and such arms and services. Statistics also says that 5,137 women officers serve
in the armed forces. They include 4,101 in the army, 784 in the air force, and 252 in the navy.

Is it same in the developed countries like US, UK etc.? Not really! In 1970‟s US army
reluctantly recruited women and realised that women made it a better force. The sooner the
generals realised it, the better became the role of women and expanded rapidly during World
War II. They were mostly inducted into war industries, building ships, aircraft, vehicles, and
weaponry. They provided logistic support for soldiers, and soon enough they made their way
further and gained an entry into professional areas of work that were previously the preserve
of men. Thousands of women joined defensive militias in countries across Europe and
America. This was also the period that witnessed a perceptible increase in the number of
women serving in the military.

It takes a very long time to visualize our India with the women in the army. But it is possible.
Just think when we can have a woman as the President, Railway minister, Chief Ministers of
various states, why can‟t a woman be a part of Indian army? In our History, women hold the
limelight in the war fields and bravery incidents, especially at the time of pre-independence.
Jhansi‟s Rani Lakshmi Bai headed an entire army and was known for her achievements,
bravery feats and passion towards attaining an independent nation. One more great lady was
“Onneke Oobavva” from Karnataka, as she killed thousands of British soldiers with her small
weapon masse. This can be treated as one of the greatest incident at the span of Indian
independence struggle. At present we can see many women coming up and breaking the false
quotes that women can‟t do it! They are unfit. Now, women are in Navy, Airlines, etc. and
why can‟t they be in army (battle field)?1

All they need is a chance and time for preparation and work, where they can showcase their
strengths and explore their abilities. Undoubtedly, India will feature unconventional women
who can serve the country. From interviews of women with unusual careers to success stories
of enterprising homemakers, they raise their glasses to ordinary women who have done
something extraordinary with their lives! What‟s more? They bring us life lessons from
women icons in different fields, then surely why not in armed forces. All that they need is a
chance and an importance in the army to prove their talent as, “A woman is the full circle.
Within her is the power to create, nurture and transform.”

1
The Curious Case of The Absentee Women in the Indian Army | Youth Ki Awaaz (2018),
https://www.youthkiawaaz.com/2012/07/the-curious-case-of-the-absentee-women-in-the-indian-army/.
The Military Women and the Fight to be Equal

More than the military establishment and policy makers, the concept of nari shakti in the
defence services has been powered by constitutional courts. The Delhi High Court ruling that
women cannot be denied entry into the Territorial Army, a unique organisation of volunteers
who are otherwise engaged in civil occupation and who receive training and wear the uniform
for a few days in year so that they can be called out during national emergencies, is the latest
in the same vein.

The induction of women in the military has to come about in a phased manner with due
thought and not merely as a sentiment of political correctness. Also, a little more flexibility
by the establishment should be at display while opening its doors. The recent decision of the
government and the Army Chief regarding induction of women in ranks other than
Commissioned officers seems to be an apt step.

Initially inducted in the defence services only as Short Service Commissioned Officers with
five-year initial terms, extendable to a maximum of 14 years, it was the Delhi High Court in
2010 which directed the government to consider them for permanent commission. The
government of the time chose to challenge the verdict in the Supreme Court where it still
remains pending. Since a stay was not granted by the apex court, women officers continue to
serve on the strength of the High Court decision. The stand of the official establishment
wherein women were thought fit to serve for 14 years but not 20 years or more which would
have entitled them to pension, and without any post-retirement occupational guarantee was,
to put it softly, not a well-rounded stand. Things have changed since then with the military
embracing more progressive policies, but rough edges still remain.

The above apart, women have had to litigate at multiple stages for their rights. The Delhi
High Court in 2015 ordered the Navy to consider its Short Service Women officers for
Permanent Commission but again the verdict was challenged in the Supreme Court. The
Punjab & Haryana High Court, in a landmark verdict on pregnancy rights in the military, had
held that it was not proper for the Army Medical Corps to reject the candidature of a woman
(where married women can join till the age of 45 and there is no training in a military
academy) after her selection and asking her to undertake the entire procedure again, only
because she happened to disclose that she was pregnant when she reported for duty. The
Court opined that forcing a person to choose between a child and her employment had “no
place in modern India.” Thankfully, the judgment was implemented without appeal.

What all these cases show is that there‟s no easy road for the military women. While some
grounds articulated by the establishment, such as in the case of induction of women for
frontline combat, may well be valid and open to debate, resisting change sometimes becomes
a default reaction. For example, the often repeated phrase „what would happen if a woman
soldier is captured?‟ Well, a soldier is a soldier and the fear of a war crime equally applies to
male soldiers. Then the issue of women garnering postings in „peace‟ areas while leaving
tough or „field‟ postings for men is raised. If true, the answer to this is not resisting the
induction of women but ensuring balanced personnel management policies, making it clear
that equality is a two-way street and then strictly ensuring the same without fear or favour.
These issues are not simplistic. However, a workable solution could be to decide these in a
participative manner by study groups involving the defence establishment and also former
and current women members of the military with the political executive before finally
deciding upon a policy. There are a few things that could be kept in mind.

 Firstly, whenever there is judicial intervention in matters of such policy, the default
reaction should not be an appeal out of administrative egotism but introspection and
ways to rationalise and harmonise the policy itself to the best extent possible.
 Secondly, decisions on women personnel must always be taken after due discussion
with stakeholders by involving the military establishment and women members.
 Thirdly, regressive policies such as the Coast Guard seeking a certificate from women
appointees that they shall not conceive more than twice during service, should be
immediately reviewed.
 Fourthly, a cue should be taken from the experience of the Police and the Central
Armed Police Forces where women have served in exacting circumstances in all ranks
without any major hiccup.
Fight for Establishing Women in the Military

Women were not allowed in the Territorial Army before January 5, 2018. Girls are not
allowed to be admitted to Sainik Schools and Rashtriya Military schools, women are not
allowed in army education corps, and in engineering services (as permanent commission).
Women can‟t be religious preachers in the army; there is a need to change with time.

Advocate Kush Kalra filed a Public Interest Litigation against the Territorial Army's
discriminatory rule that prevented women from joining the TA (territorial army), an
organisation of gainfully employed, physically able Indian citizens for voluntary military
service. As a result of the PIL, the court paved the way for women's entry to the Territorial
Army after 70 years. Kalra 30, has also filed a PIL against the discrimination faced by
married women being inducted into JAG (Judge Advocate General), the legal branch of the
army. So far, he has filed six PILs on gender discrimination against the army and navy,
including the bar on admitting girls into Sainik Schools, discrimination faced by women in
the army education corps and engineering services and also in some branches of the navy.

The Territorial Army Act, 1948 provides for the recruitment of only males in the Territorial
Army. This clause is too discriminatory against the Constitutional provisions and the court on
January 5, 2018, after 70 years, paved the way for recruitment of women in the Territorial
Army. There are many women who wish to join the Territorial Army, but could not pursue
their dreams because of the discriminatory rule. Now they could apply as per rules can apply
for the same. JAG advertisement provides for recruitment of only unmarried females in
contrast to married/unmarried males leaving the married women behind. This practice is
discriminatory as per article 14 (Equality before law), article 15, article 16 (Equality of
opportunity in matters of public employment) and article 19(1)(g) (to practise any profession,
or to carry on any occupation, trade or business) of the Constitution, While there is no
discrimination on the basis of marital status in other countries while doing recruitment for
JAG officers.2

Article-14 Of Constitution of India: The state not deny to any person equality before the law
or the equal protection of the laws within the territory of India, Protection prohibition of

2
The man fighting for women in the military, Rediff (2018), http://www.rediff.com/news/interview/the-man-
fighting-for-women-in-the-military/20180220.htm.
discrimination on grounds of religion, race, Caste, sex, or place of birth. 3 Article 15 of Indian
Constitution: Article 15 (1) and (2) prohibit the state from discriminating any citizen on
ground of any religion, race, caste, sex, place of birth or any of them. 4 Article 16 of Indian
Constitution gives Equality of opportunity in matters of public employment.5 Article 19 (1)
(g) of Constitution of India provides Right to practice any profession or to carry on any
occupation, trade or business to all citizens subject to Art.19 (6) which enumerates the nature
of restriction that can be imposed by the state upon the above right of the citizens.6

The recruitment policy of the Indian Army to recruit married/unmarried males and only
unmarried females has been termed 'institutionalised discrimination'. From 2016 they only
recruited unmarried/married males and only unmarried females, but the new advertisement of
JAG 2018 clearly mentions that they have put a bar of marriage for (both) men and women.
Currently only unmarried males/females can apply for JAG. Now they have put a bar of
marriage on both males and females. Also before 2018 in JAG, 10 seats were available for
men and only 4 were for women. In the new advertisement, women have been given 7 seats
and men have been given 7 seats, and the petition is still pending before the honourable Delhi
high court. Any law graduate can apply for JAG.

Below is a notice inviting people to join Territorial Army in year 2015:-

"JOIN TERRITORIAL ARMY AS AN OFFICER” Applications are invited from gainfully

employed young men for an opportunity of donning the uniform and serving the nation as
Territorial Army Officers, based on the concept of enabling motivated young men to serve in
a military environment without having to sacrifice their primary professions. You can serve
the nation in two capacities - as a civilian and as a soldier. No other option allows you such
an expanse of experiences. PART TIME COMMITMENT - FULL TIME HONOUR:

ADVENTURE AWAITS YOU! ELIGIBILITY CONDITIONS

 Only male citizens of India and Ex-service officers who are medically fit.
 Age - 18 to 42 years as on 30 Jun 2015.
 Qualification - Graduate from any recognized university.

3
Article 14 of Constitution of India
4
Article 15 of Constitution of India
5
Article 16 of Constitution of India
6
Article 19(g) of Constitution of India
  Employment - Gainfully Employed in Central/State Govt/Semi Govt/Pvt Sector/Self
Employed.
 Date of written Exam: 02 Aug 2015

This advertisement clearly states that there was an unequivocal and clear prohibition to
women from applying for joining the Territorial Army which has abolished later and women
are getting equal status as that of men. Kush Kalra vs Union of India is one such case where
Kalra filed a PIL for discrimination against women in military and the violation of article 14,
16 and 19(1)(g)

Kush Kalra vs Union of India & Another7

The writ petition instituted here by the petitioner complains of institutional discrimination by
the respondents against women and prays for issuance of a writ in the nature of a mandamus
to place female gainfully employed candidates at par with similarly placed male candidates
and allowing their recruitment into the Indian Territorial Army. The writ petitioner contends
that as per the advertisement put out by the respondents, there is no scope for women to join
the Territorial Army as an officer, even if they are gainfully employed and within the age
group of 18-42 years, while this is the eligibility condition enabling similarly placed men to
join. The challenge, therefore, is premised primarily on the ground that this discrimination,
based on gender, violates the fundamental rights guaranteed to all women under Articles 14,
15 and 16 of the Constitution of India and also impinges on their basic human rights.

While section 6 of the Territorial Army Act, 1948 in eligible criteria for enrolment says
that any person who is a citizen of India may offer himself for enrolment in the Territorial
Army8, and may, if he satisfies the prescribed conditions, be enrolled for such period and
subject to such conditions as may be prescribed, but in many application it was founded that
women‟s were not able to apply for employment in Territorial army they were just limited to
departmental work. One such application has been shown below which shows the criteria
given by Indian Army for enrolment and it clearly states that they could only work in
departmental TA units.

7
Kush Kalra v. Union of India, 2018 SCC OnLine Del 6439
8
Section 6 in The Territorial Army Act, 1948
 Female candidate are entitled for enrolment/
Kindly provide the eligibility criteria
commissioning only in departmental TA
for Territorial Army for Female
units. The criteria is as under:-
candidate.
 Age 18-42 years
 Medical category- SHAPE-I
 Educational Qualifications (aa)
Officers- Graduation (ab) PBOR
matriculation with 45% marks
 The candidate should also possess
requisite technical qualification and
should be recommended by the parent
department.

Thus, as per this response, the prohibition to appointment of women to the TA is only with
regard to infantry (non-departmental TA) units. Other such application was also shown above
where in 2015 only males candidates were demanded for Territorial Army.

The respondent also stated that these honorary commissions are provided under the
provisions of Para 31 of the Regulations for the Indian Territorial Army which states that
"High Government officials, officers of the Army, Air Force and Navy and private gentlemen
of good social position may be granted honorary commissions in the Territorial Army up to
the rank of 'brigadier' by the Central Government" 9. It is further stated that "the purpose of
granting honorary rank to an individual, is to recognize his service of high order to the Union
of India". Thus grant of honorary commissions under para 31 of the Regulations for the
Indian Territorial Army were also restricted to "gentlemen", which was later changer in 2013
from gentlemen to all persons. There was more such act as The Army Act, 1950, The Air
Force Act, 1950, The Navy Act, 1957 which shows inability of women for enrolment/
employment in the Territorial Army but Changed later.

Here the verdict declared that 'any person' mentioned in Section 6 of the Territorial Army
Act, 1948 includes males as well as females, and any advertisement which exclude women

9
Indiacode.nic.in (2018), https://indiacode.nic.in/ViewFileUploaded?
path=AC_CEN_28_38_00001_194856_1517807318980/rulesindivi dualfile/&file=TA+Rules+1948.pdf
from appointment to the Territorial Army are Ultra vires of Article 14, 15, 16, 19(1)(g) of the
constitution of India and are hereby quashed.10

Tackling Discrimination

Since 1992, the numbers of women have only grown once they were allowed to serve in the
Indian Army. But many lady officers give up on their uniforms even before they complete
their service. Why so? It is because throughout their journey in the Indian Army, they are
asked questions. Questions doubting their ability to fire a weapon, doing night duties, will
they be able to find comfort under the shelter of a tent, spend the night around camp-fire or
how will they be able to join their fellow male counterparts at the bar. It is not the women
who are uncomfortable with these conditions, but the men. Men make them feel secluded,
like they do not belong with their company.

What many of the male officers feel is that it is a waste of time to spend money training them
because all they do is get married, have children and leave the service. Some officers also
contend that lady officers leave to keep their marital harmony, i.e. they leave once their
children start going to the school or if their husbands do not get the same posting, it is not the
service that is gender-biased.11 They also added that female officers use their charm with
senior officers. Complaints of attention that is uncalled for and cheap jokes after some drinks
are not unusual. The vice chief of Army in 2006 once declared that they could do without
women officers. Some commanding officers have even accepted that they see women under
them as a liability and do not deploy them in counter-insurgency areas and on night-duties.
This bias exists among both the genders. A study conducted in 2005 showed that women
officers also are unwilling to lead male troops on a patrol or ambush, though this
unwillingness in women is seen only where the service period is of 5-8 years, younger lady
officers are thrilled to lead the troops and are not unwilling.

In India women were not allowed in combat related services until recently, various arguments
have been put in favour of not allowing them for combat roles. One of such arguments put
forth by the chiefs of the three defence forces before the Parliamentary Committee on
10
Kush Kalra v. Union of India, 2018 SCC OnLine Del 6439
11
The http://www.washingtontimes.com, Ashton Carter approves final strategy for women in military combat
roles The Washington Times (2018), https://www.washingtontimes.com/news/2016/mar/11/ash-carter-
approves-final-strategy-women-military-/.
Women‟s empowerment was that the capture of women by the enemy would demoralize the
troops. Some people also think that women will not be able to do those „strenuous‟ and
„physically hazardous‟ jobs that men can do. Almost all of the men soldiers believe that the
women will not be able to meet the standards of the physical fitness that men meet.12

It is very clear by all this that acceptance of women by the men in the defence forces is quite
low. They face a lot of challenges and prejudices. But they are proving those men incorrect,
step by step, day by day. The new Chief of Army General Bipin Rawat is also bringing a lot
of changes for the betterment of women. Not just the mentality of men, but the mentality of
some women must also be changed. It has been observed that some lady officers want
additional features for their comfort. Equal opportunities must mean equal responsibilities. It
will be up to women to decide if they want to join frontline combat along with men without
separate and additional facilities. They will have to perform the same task that men will do. If
their male-counterparts are sleeping under a tank, they will also have to.

The people‟s mind-set is changing, but slowly. We need speed up the process. It is
discriminatory that we have a special academy like NDA exclusively for men and nothing of
that sort for women. We need to learn from other countries where the situation of women in
the defence forces is much better. This is the 21st century, and this is a country where the
likes of Rani Laxmibai and Razia Sultan have proved themselves better in combat than most
of their male counterparts. Proper opportunities need to be given to women.

Changing Rules with Changing Times

With changing times, things have also started to change progressively. The doors for women
officers in the Indian Army opened in 1992. They were able to receive Short Service
Commissions just like their fellow male counterparts. But there was great discrimination
when none of them were allowed permanent commission, just because they were females,
unlike some of their male counterparts who were granted permanent commission after
completing their SSC tenure of 14 years. This all changed around 2010 when the Delhi High

12
Women in Indian Armed Forces, Gatewayforindia.com (2018),
http://www.gatewayforindia.com/articles/army_women.htm
Court‟s division bench in its judgment in Babita Puniya V Secretary & Anr. 13 case gave the
following judgment:

We are, thus, of the considered view that the following directions are required to be issued:

(i) The claim of absorption in areas of operation not open for recruitment of women officers
cannot be sustained being a policy decision.

(ii) The policy decision not to offer PC to Short Service Commissioned officers across the
board for men and women being on parity and as part of manpower management exercises is
a policy decision which is not required to be interfered with.

(iii) The Short Service Commissioned women officers of the Air Force who had opted for PC
and was not granted PC but granted extension of SSCs and of the Army are entitled to PC at
par with male Short Service Commissioned officers with all consequential benefits. This
benefit would be conferred to women officers recruited prior to change of policy as (ii)
aforesaid. The Permanent Commission shall be offered to them after completion of five
years. They would also be entitled to all consequential benefits such as promotion and other
financial benefits. However, the aforesaid benefits are to be made available only to women
officers in service or who have approached this Court by filing these petitions and have
retired during the course of pendency of the petitions.

(iv) It is made clear that those women officers who have not attained the age of retirement
available for the Permanent Commissioned officers shall, however, be reinstated in service
and shall be granted all consequential benefits including promotion, etc. except for the pay
and allowance for the period they have not been in service.

(v) The necessary steps including release of financial benefits shall be done by the authorities
within two (2) months of passing of this order.

Thus, allowing women to be granted Permanent Commissions after completion of their Short
Service Commission tenure. But the Indian Army challenged the court‟s decision in the
Supreme Court, while the Indian Air Force implemented the judgement completely right

13
Babita Puniya v. Secretary, 2010 SCC OnLine Del 1116
away. In another landmark case of Annie Nagaraja & Ors. V. Union Of India & Ors. 14 Justice
Kailash Gambhir in his judgment on 4th September 2015 observed some following points:

 …the Government of India, Ministry of Defence by a Policy decision vide their Order
No.12 (1)/2004- Defendant (AG). PT.II Govt. of India, Ministry of Defence dated
26th September, 2008 for the first time took a decision to grant Permanent
Commission to SSC women Officers in all the three Forces but this offer was
restricted to certain categories and was also to operate prospectively to the benefit of
future batches commencing from January, 2009 and this decision of the respondents
caused a serious heart burn amongst these seventeen Petitioners because of two
reasons; firstly, the same being prospective in nature giving no benefit to these
seventeen Petitioners who had already completed 14 years of service and secondly,
permanent commission would be offered to SSC women officers in education branch,
law and naval architecture cadres of the Navy. It may be mentioned here that in terms
of the said policy decision of the respondents, the offer of Permanent Commission in
so far as women officers of Short Service Commission in Navy is concerned, the
same restricted to branches of Education, Law and Naval Architect…
 We are, thus, of the considered opinion that so far as the petitioners in the Logistics
and ATC branches are concerned they are equally entitled to the grant of PC for they
have worked hard for 14 long years as SSC Officers and there is no reason to deny
them the said relief.
 PC having already been offered prospectively to SSC (Women) Officers in the
Education branch vide policy guideline of 2008, therefore, we are of the view that
these petitioners deserve to be granted PC.
 In the light of the aforesaid, we consider it fit to give the following directions:
1. The claim of absorption in areas of operation not opens for recruitment of women
officers cannot be sustained being a policy decision.
2. The Short Service Commissioned Officers of the Navy who had opted for PC and
were not granted PC but instead were granted extension of SSC and were not retired
at the time of filing of these Writ Petitions and had attained the age of retirement
during the pendency of the present petitions, they shall be offered PC within a period
of 6 weeks from the date of this order. They shall be entitled to all consequential
benefits such as promotion and other financial benefits subject to their medical
14
Annie Nagaraja v. Union of India, 2015 SCC OnLine Del 11804
 fitness. However, their appointment to the post of PC shall be subject to the final
outcome of the said SLP i.e. CC No. 10437/2010 titled Secr., Ministry of Defence v.
Babita Puniya pending consideration before the Hon'ble Supreme Court;
3. With respect to the petitioners who had attained the age of superannuation prior to
the filing of the Writ Petitions by them the following directions are required to be
issued:
a. The respondents shall reinstate these petitioners within a period of six weeks from
today on their respective posts;
b. such reinstatement shall be subject to the final outcome of the said SLP i.e. CC No.
10437/2010 titled Secr., Ministry of Defence v. Babita Puniya15 pending
consideration before the Hon'ble Supreme Court;
c. The petitioners are entitled to no benefits.
d. The reinstatement of the petitioners shall be subject to their medical fitness.

This was a huge win in the fight to equality when it comes to employment in Indian Armed
Forces. This judgement signified that times are changing and so are the rules. To show that,
we had an all-women-officers contingent for the first time at the Republic Day Parade in
2015, when former US president Barack Obama presided as the chief guest. The Indian Air
Force in 2015 inducted the first batch of three women fighter pilots .These women
volunteered for the fighter stream after the government ended a rigid gender-based combat
exclusion policy in October 2015. Not long ago, Army Chief General Bipin Rawat said the
process to allow women in combat roles, currently an exclusive domain of men, is moving
fast and initially women will be recruited for positions in military police. So we see another
step forward in the direction of breaking the gender-biased wall. Hopefully our country will
soon be at par with other progressive countries in terms of gender neutrality in military.

15
Civil Appeal No. 9367-9369 of 2011 in the Supreme Court of India
Conclusion

So far as the armed forces in India are concerned, our attention is drawn to a news report
dated 21st November, 2017 titled "SALUTE TO THE INDIAN SOLDIER" which refers to
three women becoming fighter pilots in the Indian Air Force. Traditionally, men were the
warriors & the women housekeepers, the roles were well demarcated. Changes over the
period have merged this distinguished line of specific gender task distribution and has
managed to put a wedge into the male dominated culture. Defence readiness is one major
aspect which is required to be borne in mind throughout while considering their
employability options. Their career aspects and opportunities need to be viewed holistically
keeping the final aim in focus. Yet a few discriminatory policies as been professed by the
government need review such as their short service commission, combat exclusion, and entry
into ranks and so on. Fore- planning and systematic approach should be the correct approach
prior to deciding on any such issue. Nevertheless, a small beginning is ensuring a greater role
for women. Government of India, after the high Court ruling, has decided to grant Permanent
Commission in select cadres.

In the modern day of electronic warfare, it‟s more about overcoming stress in warfare than
physical combat. It has been proven scientifically that women handle stress better and are
also mentally tougher. This is not to undermine a woman‟s physical capability. Women have
done extremely well in physical training as well. In the first few batches at the armed forces
training academies women displayed more endurance and some even outran their male
counterparts in cross-country runs and long distance marches. They carry on this tradition and
keep setting new records. Despite the good quality of life, they may sometimes undergo
hardships due to the nature of work. An officer may have to work in tough terrains or difficult
circumstances. Most women however, who undergo training as cadets in various military
academies, cope up with various difficult situations, easily. Being a transferable job, transfers
and movements are seen as unique travel opportunities to travel to remotest locations in the
country. Every unit is a mini-India with people and cultures as diverse.

Although the path these women have chosen is tough, they have proved that they have the
spirit, the courage and the will to carry on. Presently, women do not serve in combat arms nor
do they fly fighter aircrafts, but it won‟t be long before these forbidden avenues are thrown
open to them.
Bibliography

Articles

 The man fighting for women in the military, Rediff (2018),

http://www.rediff.com/news/interview/the-man-fighting-for-women-in-the-
military/20180220.htm
 The http://www.washingtontimes.com, Ashton Carter approves final strategy for
women in military combat roles The Washington Times (2018),
https://www.washingtontimes.com/news/2016/mar/11/ash-carter-approves-final-
strategy-women-military-/.
 The Curious Case of the Absentee Women in the Indian Army | Youth Ki Awaaz,
Youth Ki Awaaz (2018), https://www.youthkiawaaz.com/2012/07/the-curious-case-
of-the-absentee-women-in-the-indian-army/.
 Indiacode.nic.in (2018),
https://indiacode.nic.in/ViewFileUploaded?path=AC_CEN_28_38_00001_194856_1
517807318980/rulesindividualfile/&file=TA+Rules+1948.pdf
 Women in Indian Armed Forces, Gatewayforindia.com (2018),
http://www.gatewayforindia.com/articles/army_women.htm

Books, Acts and Cases

• The Territorial Army Act, 1948

• V. N Shukla & Mahendra Pal Singh, V. N. Shukla‟s Constitution of India

• P. M Bakshi, The Constitution of India (15 ed. 2000)

• Kush Kalra vs Union of India & Anr.

• Annie Nagaraja & Ors. v Union Of India & Ors.

• Babita Puniya V Secretary & Anr

• Secr.,Ministry Of Defence vs Babita Puniya

• The Army Act, 1950

• The Air Force Act, 1950

• The Navy Act, 1957

• Regulations of Indian Territorial Army