THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA AND ORS [2011]

AUTHOR- ANJALI MAHAJAN
INSTITUTE- DOGRA LAW COLLEGE

CASE: THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA ELECTORAL DISQUALIFICATION
COURT: The Supreme Court
CASE NO: Civil charm Nos 9367-9369 of 2011
Citation: MANU/SC/0194/2020
PETITIONER: Secretary, Ministry of defense
RESPONDENT: Babita Puniya
BENCH: Dr. Dhanunjaya Y Chandrachud, J and Hemant Gupta



MINISTRY OF DEFENCE V. BABITA PUNIYA – INTRODUCTION


This decision by the Supreme Court is considerable and commendable and maybe loved by all folks. It ensures the women’s position within the Indian Army and conjointly prevails in gender justice within the Army conjointly. It removed the blanket restrictions obligatory on the ladies’ officers for holding higher status posts. it’s justly determined by the choice given by the bench headed by Justice Chandrachud that it’s an associate insult to ladies officers and to the Indian Army conjointly once aspersion is stitch ladies, their potential, ability, and achievements within the army. 


In varied countries, these positions were granted a protracted time before like Scandinavian nation allowed ladies all told combat battles in 1985, the Islamic Republic of Pakistan conjointly inducted its 1st ladies combat pilot in 2013, the USA conjointly allowed all ground combat roles for girls in 2016, etc. Further, we are going to discuss the main events, facts, problems raised, and therefore the judgment very well to induce a logical conclusion concerning this noteworthy case.

FACTS OF THE CASE


* the provision under Section twelve of the military Act, 1950 that prohibited the accomplishment of “females” into the military except- and to the extent that- the Central Government permits.


* In February 2003, Babita Puniya, a practicing advocate, filed an instrument petition within the nature of public interest proceeding at Delhi high court, seeking permanent commission for feminine officers recruited through SSC within the army, at par with their male counterparts.


* Major Leena Gaurav once more filed an instrument petition on 16 October 2006 primarily to challenge the conditions of service obligatory by the circulars antecedently therein year and conjointly seeking for the permanent commission for the ladies officers. In 2007 Lt mountain pass Seema Singh for an identical issue stirred to the court.


* In 2008, the center set to grant permanent commission to SSC ladies officers in some departments like the military Education Corps, decide Advocate General, and therefore the corresponding branches within the Air Force and Navy. more petitions were filed difficult the circular issued in 2006 and 2008.

* In 2018, the Central Government told the Supreme Court that it’s considering granting permanent commission to ladies recruited through SSC within the army. In February 2019 the govt. issued pointers that permanent commission is granted to the ladies officers.


ISSUES OF THE CASE


The major problems that were raised within the Supreme Court were:


*  Whether ladies ought to be granted Permanent Commission within the Indian Army?
* What are the conditions governing the ladies Officers within the Indian Army?


RULES OF THE CASE


Section 12 within the Army Act, 1950


SECTION 12. makings of females for entrance or employment. No feminine shall be eligible for entrance or employment within the armed service, except in such corps, department, branch or alternative body forming a part of, or connected to any portion of, the armed service because the Central Government could, by notification within the Official Gazette, specify during this behalf: on condition that nothing contained during this section shall have an effect on the provisions of any law for the present operative providing for the raising and maintenance of any service auxiliary to the armed service, or any branch thence within which females area unit eligible for entrance or employment.

THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA CASE ARGUMENTS


The major arguments advanced area unit divided into 2 parts- by the PETITIONER and by the RESPONDENT:-


ARGUMENTS BY PETITIONER:


* Grant of Permanent commissions – beneath Section ten of the 1950 Act, the award of commission is at the carefulness of the President of India. The group action of an important choice to guarantee computer is strong by Section twelve of the 1950 Act by reason of that, no woman is qualified for work with the exception of in such corps and divisions because the Government of India could decide. the flexibility to provide commission contains a place with the President and no writ of mandamus is often declared from a court.


* Pensionary advantages – the ladies would be allowed to figure if they need completed fourteen years of service however not twenty years to achieve pension while not scrutiny. people who have completed twenty years of service would be eased right away with a pension.


* Discrimination – there has been no discrimination since there are a unit additional advantages out there to ladies officers like maternity leave that their male counterpart area unit bereft of.


* Activity Hazards – ladies haven’t utilized as their male counterparts in combat services thanks to inherent risks.


* Policy considerations – the question associated with accomplishment and grant of PC’s are deep-rooted as policy selections and government have exclusive domain over them. These provisions associated with elementary rights are protected by Art.33 of the constitution. The scope of review in command and tenure is restricted as a command by the Union of India V PK Choudhary.


Arguments by the respondent:


* The argument of the petitioners lacks substance as a result of the character of duties given to the ladies officers is that the same as that of their male counterpart.


* It had been argued that it’s not new concerning the priority associated with privacy, ladies officers of all the ages area unit still being announced to places that area unit dangerous and wherever there’s no sanitation like field areas, force headquarters, sensitive space, warfare zone.


* The evident undeniable fact that thirty paces of all the ladies officers area unit exposed to a hostile atmosphere or wherever there’s a scenario of grave danger is a gift.


* It had been argued that why ladies officers ought to be left within the lurch while not incentives like pension or promotion after they area unit equally providing their service to the state as their male counterparts do.


* It had been argued that besides the discriminatory nature of the policy by the Union Government with relevance the grant of PCs to SSC ladies officers, it conjointly lowers their standing thereto of an Indian.

THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA JUDGEMENT


● The court command that a lucid reading of section twelve of Army act asserts that the policy call of Union of India dated twenty-five February 2019 permits for the computer of ladies officers in 10 streams.


● This policy call of the Union of India acknowledges the correct of ladies’ officers to equality of chance. This right has 2 aspects:


(i) Principle of fairness on the bottom of sex that is embodied in Article 15(1) of the Constitution.
(ii) Equality of chance for all voters in matters of public employment beneath Article 16(1).


The Supreme Court bench semiconductor diode by Justice D.Y Chandrachud challenged the notions and explicit that they’re entrenched in stereotyped assumptions of ascribed gender roles for girls. Finally, it’s a command that the required steps ought to be taken for the compliance of the court’s call within 3 months of the judgment.


DIRECTION ISSUED BY THE COURT


* it had been set to club all the petitions and directed Centre and defense ministry to supply the permanent commission to SSC ladies officers of the Air Force and military who had opted for it and not nonetheless granted.


* They issued pointers that permanent commission is granted to {the ladies} officers however prospectively and commissioned that solely those women are eligible who commissioned when this order is notified keeping the serving officers out of the range of the permanent commission.


* It granted a permanent commission to new SSC officers in eight combat roles.

ANALYSIS


In this case, we will see that beneath the constitution of India each subject whether or not it’s ladies or men have equal rights and civil rights all told the fields. we tend to can’t take any right from any individual and ladies contains a right to try to their job and hold a higher position or rank in any space.
In this case, the apex court command that there’s gender equality and take smart and strict pointers towards the event for the ladies in the army, Navy, and Air Force.

Conclusion


It’s justly determined by the choice given by the bench headed by Justice Chandrachud that it’s an associate insult to ladies officers and to the Indian Army conjointly once aspersion is stitch ladies, their potential, ability, and achievements within the army. 


After this landmark order, the trail to gender equality has definitely been remarkably publicized that shall make sure that ladies are not any longer denied permanent commission or denied command posts! Even ladies officers within the Air Force and alternative streams shall profit vastly from it as from currently onward they cannot be denied command posts nor be denied the best post of Chief conjointly. This judgment shall continually be remembered in a concert with the most effective judgments that publicized gender equality in defense services conjointly which has all the services – Army, Navy, and Air Force.

References

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