Entry of women permitted in certain branches under Navy university scheme: Centre to Delhi HC

The plea also sought a direction to the Centre to explain the steps taken permitting entry of female candidates at par with male candidates.

During the hearing before a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on November 11, Additional Solicitor General Chetan Sharma, appearing for the Centre, raised objections to the maintainability of the plea as it pertained to a service matter.

Sharma submitted that the issue raised in the plea has already been remedied by the Centre by allowing entry of female candidates in the branches mentioned in the plea.

The ASG drew the court’s attention to an advertisement inviting applications for ‘Short Service Commission Officers in Information Technology (Executive Branch)’ commencing from January, 2023, issued by the Indian Navy.

The ASG also pointed to another Indian Navy advertisement inviting applications for ‘Short Service Commission Officers’ for various entries, including General Service (Executive) GS (X) commencing from June, 2023 onwards’.

“The Indian Navy is now recruiting female candidates as well in both the branches mentioned in the relief clause by the petitioner,” the ASG said.

Sharma argued that the plea did not challenge the constitutional validity of Section 9 (2) of the Indian Navy Act, 1957, which empowers the Centre to issue notifications for the entry of female candidates in the Indian Navy.

After considering the ASG’s submissions, the High Court disposed of the plea.

The plea claimed that the Indian Navy is practising institutional discrimination without any rationale and arbitrarily depriving female candidates of the right to serve in the aforementioned branches.

The plea alleged that the said discrimination on grounds of gender is a violation of the right to equality (Article 14), the right not to be discriminated on the ground of sex (Article 15), equality of opportunity in the matters of public employment (Article 16), fundamental right to practice any profession and occupation (Article 19 1 (g)) and human rights of women.

The plea contends that at present, the respondents — the Centre, Ministry of Defence and Indian Navy – are practising institutional discrimination, without any rationale to arbitrarily deprive females the right to serve in the aforementioned branches, while “permitting entry as Air Traffic Controller and Naval Architecture’.

“State cannot enact any law which is inconsistent with or in derogation of fundamental rights and as a consequence thereof, respondent No. 1 Ministry of Defence, cannot frame any law, rules, byelaws and regulations for its functioning “which is inconsistent with or in derogation of fundamental rights.

Gender-based distinctions must serve important governmental objectives and must be substantially related to achievement of those objectives in order to withstand judicial scrutiny,” the plea said.