‘Women can’t be left out’: Supreme Court on permanent commission in Coast Guard

The Supreme Court on Monday said that women cannot be left out and that the judiciary would be compelled to take a step towards a woman Coast Guard officer’s Permanent Commission plea if the Centre did not act on existing norms.

Chief Justice DY Chandrachud warned if necessary actions aren’t taken voluntarily by the government, the court will intervene to ensure gender equality in the said defence service.

“If you do not do it, we will do it. So, have a look at that,” the CJI said.

The court was hearing a plea by a woman officer of the Indian Coast Guard (ICG) seeking a grant of Permanent Commission to eligible women short-service commission officers of the force.

Appearing for the Centre, Attorney General R Venkataramani told the bench that the Coast Guard functions “little differently from the Army and Navy”.

To which, the Chief Justice stressed that arguments over the functionality and similarity factors are not valid excuses for excluding women. He said, “All this functionality etc. arguments do not hold water in 2024. Women cannot be left out.”

In response to the arguments presented, the bench has asked the Centre to file a response and scheduled the next hearing for March 1.

A three-judge bench, headed by CJI Chandrachud, had earlier come down heavily on the Centre and the Indian Coast Guard for denial of Permanent Commission to its women officers and said the maritime force must come up with a policy which treats women “fairly”.

The bench led by CJI Chandrachud and comprising Justices JB Pardiwala and Manoj Misra on Tuesday had stressed that the Coast Guard could not be ruled out on the criterion when the Navy and Army have fallen in line with granting Permanent Commissions to women officers.

The court even called out the government over the “patriarchal attitude of the Coast Guard”.

“You speak of ‘Nari Shakti Nari Shakti,’ now show it here. You are at the deep end of the sea here. I don’t think the Coast Guard can say they can fall out of line when the Army and Navy have done it all. You all have not read the Babita Punia judgment so far,” the bench had remarked.

In the Babita Punia judgement, the top court held that women Short Service Commission officers are entitled to a Permanent Commission on par with their male counterparts.

The court’s observation came while hearing a plea filed by Priyanka Tyagi, a short service appointment officer, who had been denied the opportunity to be considered for the Permanent Commission despite having served 14 years with an impeccable record.

The petition in question was filed by the Coast Guard officer, indicating that she is likely to challenge some aspect of gender discrimination or inequality within the defence service.