SC Warns Defence Ministry Over Discriminatory Promotions in Army

Women officers had filed applications accusing the Indian Army of adopting arbitrary and discriminatory policies while considering promotions, which were heard in Lieutenant Colonel Nitisha vs Union of India. In March 2021, Justice Chandrachud recognised that the criteria for granting permanent commission to women officers, although appearing neutral, were indirectly discriminatory. The Babita Puniya decision in 2020 declared the Indian Army's policy of completely excluding women officers from obtaining permanent commission illegal and spawned a new wave of litigation, culminating in the ruling that the assessment criteria used at the time for granting permanent commission were arbitrary and irrational. Fresh guidelines were issued, allowing applications from female Short Service Commission officers to be considered. Women officers in the Indian Army have been facing discrimination and institutional resistance, leading them to approach the court with repeated allegations. Despite previous court decisions, such as the Nitisha ruling, women officers have been unable to benefit from promotions, with junior male officers being promoted over their female counterparts. The Indian Army only decided to conduct a special selection board for women officers after the court expressed concern about their treatment. However, fresh barriers have emerged hindering women’s promotions and command postings, such as the selection board’s refusal to consider the latest Annual Confidential Reports (ACR) of women officers, insisting on filling vacancies on a pro-rata basis, and assigning promoted women officers to lead contingents normally led by lower-ranking officers. The court was shocked at these revelations and directed the defence ministry to file an affidavit in response to these allegations, warning them of contempt if the situation is not rectified.