SC flags denial of permanent commission to women army officers, calls process ‘discriminatory’

The Supreme Court of India on Tuesday held that the evaluation process used to deny permanent commission (PC) to women short service commission officers (SSCOs) in the armed forces was flawed and discriminatory, observing that performance assessments were carried out in a casual manner, as per reports.

A bench reportedly stated that the Annual Confidential Reports (ACRs) of women officers were assessed on the assumption that they would not be eligible for permanent commission during the initial years of service.

The court noted that this presumption undermined the entire evaluation process and adversely affected their merit and career progression when the avenue for PC was opened to them later.

As per reports, the bench highlighted that the inequality in opportunity afforded to the appellant SSCOs to hold criteria appointments has adversely affected their merit, placing them at a disadvantage with their male counterparts.

It further observed that the denial of PC was not merely the result of individual assessments but stemmed from a systemic framework rooted in entrenched assumptions that limited women officers’ career advancement.

Senior advocate Menaka Guruswamy, who represented several women officers from the Army, Navy and Air Force, reportedly termed the verdict a “big win” in the context of equality and non-discrimination.

Granting relief, the top court said permanent commissions already awarded to officers by earlier selection boards or judicial orders would not be disturbed.

As a one-time measure, the court reportedly directed that women SSCOs who were released from service during the pendency of the proceedings be deemed to have completed 20 years of qualifying service and be entitled to pension and consequential benefits, though without arrears of pay. Pension arrears, if any, will be payable from January 1, 2025.

The court also directed that serving women officers who met the minimum cut-off in earlier selection boards be considered for the grant of permanent commission, subject to medical fitness and vigilance clearance.

For future batches, the bench ordered a review of the ACR evaluation process and cut-off criteria to address any disproportionate impact on women officers.

Similar reliefs were extended to women officers in the Navy and the Air Force, with the court directing that permanent commissions already granted would remain unaffected and eligible officers be given pensionary benefits or considered for PC under revised norms.

Earlier, the Centre had reportedly denied allegations of discrimination, stating that both men and women officers had been inducted in the Indian Air Force since 2019 and that women officers were now being inducted through the National Defence Academy with permanent commission on completion of training.