Gender neutrality in Army - Limiting vacancies for women and reserving unfilled vacancies for men violates constitutional principles.
Delhi High Court Mandates Gender-Neutral Army Recruitment for SSC Posts-Court Rules Against Gender-Based Vacancy Restrictions, Upholds Constitutional Equality Principles
News Report:
In a landmark judgment, the Delhi High Court has directed the Union of India to consider women candidates against unfilled vacancies for Short Service Commission (SSC) posts in the Indian Army, a decision that upholds constitutional equality principles and promotes gender neutrality in military recruitment.
The judgment came in response to a petition filed by Shruti Vyas and others, challenging the gender-based restrictions on vacancies notified under Section 12 of the Army Act, 1950. The court ruled that limiting vacancies for women and reserving unfilled vacancies for men violates constitutional principles of equality enshrined in Articles 14, 15, and 16 of the Indian Constitution.
The case hinged on the precedent set by the Supreme Court in Arshnoor Kaur v. Union of India, which held that gender-based restrictions on the number of women allowed in notified branches or corps of the Army are unconstitutional. The Delhi High Court reiterated that the Army cannot impose restrictions on the extent of induction of women in branches where they are already permitted under Section 12 of the Army Act.
The petitioners, aspiring to join the SSC Women (Non-Technical) posts, argued that despite clearing the examination, they were denied entry due to the exhaustion of vacancies reserved for women, while 62 vacancies earmarked for men remained unfilled.
In its decision, the court emphasized that once women are permitted to join any corps or branch forming part of the regular Army, they cannot be subjected to additional restrictions concerning their number of inductions. The court directed the Army to consider the petitioners for the unfilled male vacancies, subject to suitability and other requirements.
The judgment also addressed the doctrine of estoppel, clarifying that participation in the recruitment process does not bar the petitioners from challenging unconstitutional vacancy limitations. The court asserted that fundamental rights, including the right to equality, cannot be waived, and violations of constitutional principles override estoppel arguments.
This decision marks a significant step towards gender neutrality in the Indian Armed Forces, reinforcing the judiciary's role in safeguarding fundamental rights and promoting equality. The court expressed hope that the judgment would aid in perpetuating and propagating constitutional goals of gender neutrality.
Bottom Line:
Gender neutrality in Army recruitment - Women candidates cannot be restricted in number for Short Service Commission (SSC) posts in branches notified under Section 12 of the Army Act, 1950. Limiting vacancies for women and reserving unfilled vacancies for men violates constitutional principles.
Statutory provision(s): Articles 14, 15, 16 of the Indian Constitution, Section 12 of the Army Act, 1950
Shruti Vyas v. Union of India Through, (Delhi)(DB) : Law Finder Doc Id # 2780065
