Permenant Commission

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Dr.

Mahipal Singh Rathore


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mahipalrathore

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mahipalrathore

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The News
On 17th February 2020, the Supreme Court directed that
women officers of the Indian Army, serving under Short
Service Commission, be considered for grant of Permanent
Commission.

This order has brought women officers in 10 streams of the


Army at par with their male counterparts in all respects,
setting aside longstanding objections of the government.
Permanent Commission (PC) -
A Permanent Commission means a career in the Army until one
retires.

Short Service Commission (SSC) -


In SSC, officers are inducted under the 10+4 scheme.
PC is granted to SSC officers subject to service requirement and
availability of vacancies.
 Women can only join the armed forced through SSC; they are
not offered ab initio permanent commission in any of the
forces.

 While male SSC officers could opt for permanent commission


at the end of 10 years of service, this option was not
available to women officers.

 They were, thus, kept out of any command appointment.


17 Years long court battle
2003 - A case was first filed in the Delhi High Court by women
officers seeking Permanent commission

2010 - High court rules in their favour.

But the order was never implemented, and was challenged in


the Supreme Court by the government.
Government stance
• The Union government proposed in February 2019 (while the
case was pending in SC) that permanent commission should be
given to SSC-recruited women officers with less than 14 years of
service.

• But only in “staff appointments” and not in command roles in


specific non-combat streams.
Supreme court Judgement
1. The SC has done away with all discrimination on the basis
of years of service for grant of PC in 10 streams of combat
support arms and services, bringing them on a par with
male officers.

2. It has also removed the restriction of women officers only


being allowed to serve in staff appointments, which is the
most significant and far-reaching aspect of the judgment.
This case was only about permanent commission and
command roles in non-combat streams of the army.
Women officers are still not allowed to serve in combat units
like the Infantry, the Armoured corps and Mechanised
infantry .
The permanent commission with consequential seniority and pensionary
benefits will be restricted to the Army’s non-combat units, including
• Regiment of Artillery,
• Corps of Engineers,
• Corps of Signals,
• Army Service Corps,
• Army Ordinance Corps,
• Corps of Electrical Engineers,
• Corps of Mechanical Engineers
• AEC
• Intelligence Corps
• JAG (legal department)
• In a judgment hailed for creating a new equality paradigm in
the armed forces, Supreme court, upholding a 2010 Delhi high
court verdict, ruled that women officers who joined the Indian
Army through Short Service Commission (SSC) are entitled to
permanent commission (PC).
• Calling for a change of mindset on the part of the government
to put an end to gender bias in the armed forces, the apex
court directed that within three months, all serving Short
Service Commission(SSC) women officers will have to be
considered for Permanent Commission (PC) irrespective of
their tenure in service.
Why was Govt against PC for women

In the affidavit filed by the central government in May 4, 2018,


it had submitted that restrictions on the employability of
women in the Army are “inescapable due to the peculiar
operational compulsions of the Army”.
The Centre’s contentions were largely surrounding three points
1. The technical issue of terms of tenure under SSC
2. That male soldiers are not “mentally schooled” to accept
women in command roles
3. Women are not fit for command roles, which might involve
combat, because of their “physiological differences” with
men.
The court rejected that argument that it would be a “greater
challenge” for women officers to meet the hazards of service
“owing to their prolonged absence during pregnancy,
motherhood and domestic obligations towards their children
and families”.

Such arguments, the court said, are founded on a strong


stereotype which assumes that domestic obligations rest
solely on women.
Similar cases concerning Indian Navy and Indian Air Force are
pending before the Supreme Court.

The judgment will immediately impact 322 women officers in


the army.
Women in Army
 The induction of women officers in the Army started in 1992.
 They were commissioned for a period of five years in certain
chosen streams such as Army Education Corps, Corps of
Signals, Intelligence Corps, and Corps of Engineers.
 Recruits under the Women Special Entry Scheme (WSES) had
a shorter pre-commission training period than their male
counterparts who were commissioned under the Short
Service Commission (SSC) scheme.
 In 2006, the WSES scheme was replaced with the SSC scheme,
which was extended to women officers.
 They were commissioned for a period of 10 years, extendable
up to 14 years.
 Serving WSES officers were given the option to move to the
new SSC scheme, or to continue under the erstwhile WSES.
 They were to be however, restricted to roles in streams
specified earlier — which excluded combat arms such as
infantry and armoured corps.
PC was already available(2008 onwards) to SSC-recruited
women officers in the Judge Advocate General (JAG) and
Army Education Corps (AEC)
Women in the forces
As of Jan 2019, women comprised

 3.89 % of Army

 6.7 % of Navy

 13.28 % of Air Force


Total 65,000-strong officer cadre of the 15-lakh strong armed
forces.
Though women officers have been inducted into the armed forces
since the early 1990s, they number just
1. 1,653 in the Army
2. 490 in the Navy
3. 1,905 in IAF

*These figures do not include women officers in the medical, dental and
nursing streams, who are inducted through the PC route.
THANK YOU
Dr. Mahipal Singh Rathore

Click on the links below

mahipalrathore
rathore.mahipal
mahipalrathore
mahipalrathore (Telegram channel for PDF)

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