JAG Recruitment is Limited to those who are Unmarried: Centre Informs Delhi High Court

The court granted time to petitioner Kush Kalra, who challenged the exclusion of married individuals from applying for the JAG post, to file his response to the Centre’s stand. The government, in its affidavit, stated that there is no discrimination between men and women in the army, and that military training is compulsory for all recruits before enrolment, irrespective of the arm and service they belong to. The unmarried clause is common in all types of entries, and both males and females are treated equally in the Indian Army and granted equal opportunity in all service conditions and benefits.

The government further explained that the condition of being unmarried for both male and female candidates aged between 21-27 years for grant of commission is restricted only for the period of recruitment and pre-commissioned training, which involves a high amount of physical and mental stress, strain and rigours of military training. Once unmarried lady cadets and gentlemen cadets complete their training and are granted commission, there is no bar for getting married or its natural consequences of pregnancy etc., and they are entitled to service benefits such as maternity leave, child care leave, paternity leave, or married accommodation.

The government argued that the prohibition of marriage during the training period and before successful commission is felt to be a reasonable restriction put in the interest of the candidates as well as the organisation. In the PIL, petitioner Kush Kalra has termed the restriction on married individuals from being considered for JAG as institutionalised discrimination. However, the government has argued that the right to marry cannot be a right to life under the Constitution, and there is no discrimination on the basis of marital status of the candidates. JAG is the legal advisor to the chief of the army staff in matters of military, martial, and international law, the plea has said. The petition has sought that the special army instructions of 1992 and 2017, which disentitle married women and married men, respectively, from applying for JAG, be declared as void.