Supreme Court Flags Gender Bias in Armed Forces

Systemic bias: Annual Confidential Reports (ACRs) of Short Service Commission Women Officers (SSCWOs) were often graded as “average” due to the assumption that women would not have long‑term careers.
Career growth constraints: Women were denied training and career‑enhancing opportunities, resulting in weaker service profiles compared to male counterparts.
Constitutional backing: The Court reiterated that denying equal opportunity violates Article 14 (Equality before law), Article 15 (Prohibition of discrimination), and Article 16 (Equality of opportunity in public employment).
Permanent Commission (PC) milestones:
2008: First PC granted to women in limited branches (JAG, AEC).
2020 (Babita Puniya case): PC mandated in all arms where SSC exists.
2021: Interim order allowing women to appear for the NDA exam.
Current status: Women serve as fighter pilots (IAF), command warships (Navy), and hold PC in several Army branches, but core combat arms like Infantry and Armoured Corps remain largely closed.

Early entry: Women entered the armed forces via the Military Nursing Service in 1888 and as doctors in 1958.
Women Special Entry Scheme (WSES), 1992: Opened non‑combat roles for women under Short Service Commission.
SSC system, 2005: Formalised a 14‑year tenure for women officers, creating a structured career path.
Judicial interventions: The Supreme Court has progressively removed barriers – from the 2020 PC directive to the 2021 NDA order – reflecting a shift towards gender‑inclusive defence policy.

Policy reform: The judgment compels the Ministry of Defence to overhaul promotion matrices, fitness evaluation protocols, and training allocations to eliminate gender bias.
Strategic advantage: Harnessing the full talent pool of women can augment operational readiness and modernise the forces.
Legal precedent: Reinforces the applicability of constitutional equality provisions in uniformed services, influencing future litigation on gender and other forms of discrimination.
Social impact: Strengthens the narrative of inclusive growth and women’s empowerment, aligning with India’s commitments under international conventions such as CEDAW.

Article 14 – Equality before law.
Article 15 – Prohibition of discrimination on grounds of sex.
Article 16 – Equality of opportunity in public employment.
Army Act, 1950 – Historically limited women to certain branches; now being interpreted in light of constitutional mandates.
Supreme Court judgments: Babita Puniya vs. Union of India (2020), NDA interim order (2021).

Prelims: Factual recall of dates, constitutional articles, and key judgments.
Mains: Analytical essays on gender equity in defence, policy reforms, and constitutional interpretation.

Prepared for UPSC aspirants – Drishti IAS