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Opinion Three decades after military opened doors to women, they remain at courts’ mercy

The military opened its doors to women in 1992 when the Air Force inducted its first batch. It’s been three decades, and that women are still at the mercy of the courts is something to reflect upon.

Women have been allowed in combat in the Air Force, but we are yet to see women in combat roles in the army and navy. Do we have to wait for another petition to the court?Women have been allowed in combat in the Air Force, but we are yet to see women in combat roles in the army and navy. Do we have to wait for another petition to the court?
November 18, 2022 09:09 AM IST First published on: Nov 17, 2022 at 01:28 PM IST

When I started the battle to secure Permanent Commission for women in the armed forces in 2007, I did not envisage that we would still be hearing a court judgment related to the matter in 2022. It was 12 years ago, in 2010, that the landmark judgment came in which Justice Kishan Kaul (then with the High Court of Delhi) had hoped that “with expanding horizon of women’s participation in different walks of life, the armed forces would be encouraged to have larger participation of women in more areas of operation.”

The Supreme Court yesterday directed the Centre and the Indian Air Force to consider granting Permanent Commission to 32 retired women Short Service Commission (SSC) officers based on their suitability with the purpose of giving them pensionary benefits. It calls for yet another celebration built on the 2010 judgment which had cleared the path for the future. The military opened its doors to women in 1992 when the Air Force inducted its first batch. It’s been three decades, and that women are still at the mercy of the courts is something to reflect upon.

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The armed forces, traditionally thought of as a male bastion, have in the past 30 years seen success in the induction of women, though the journey has not been smooth. The good news is that the forces did not wait or procrastinate under the belief that one day they will have all the policies in place and a path cleared for women to enter. In its true military style, it was a surgical strike — women were just inducted!

Then came the day-to-day struggles, including things as mundane as what uniform the women should have. Yes, when we were inducted, the Air Force had not even decided on the uniform that the “women officers” would wear.

The foundation that the initial batch created for the present one to take off from was built slowly but steadily and with a great deal of struggle. I would not say that the struggle was physical as we were fully aware of what we had signed up for, but it was a struggle for acceptance. When I see how the government has been taking decisions on whether girls can enter the National Defence Academy, Sainik Schools or RIMC, I think of how we have had to fight at every step for equal representation.

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I recall what happened when I was posted at Begumpet in Hyderabad and was to participate in the Republic Day parade. The challenge came from an unexpected quarter when a junior male officer was assigned as the parade adjutant, which is not the protocol. The parade adjutant is the second-in-command for the parade and march past. There was an apprehension that my voice would not be loud enough to give the parade commands. I protested, and to everyone’s surprise, my word of command was as good, if not better, than the men. I did it with aplomb. I realised that if you do not make noise, you will never be heard. From these internal battles to my fight in the Delhi High Court for the Permanent Commission was an exciting and fulfilling journey. My prayer was: “I should be given a permanent place for my efficiency, not for my gender”. The landmark case opened the doors for many and helped consolidate the future of women in the forces.

I feel that it is high time that the military consolidates its position on the matter. The policymakers need to go back to the drawing board and decide on all the cases as a whole rather than having to address the issue piecemeal — especially when officers go to court.

The Chief Justice has been generous in his approach and relied heavily on the 2010 judgment in which I was the petitioner. It is a resounding victory for me as it provides justice in long pending cases of the officers who had approached the court. Still, many have fallen through the gaps. Until the full judgment is out one cannot tell who has been left behind — there are many permutations and combinations, with factors such as years of service, medical fitness at the time the initial petition was moved in the court, and the annual appraisal where the minimum criteria are defined. As the Chief Justice said, the assessment of women was not even looked at as having a full role and were assessed as interns.

Women have been allowed in combat in the Air Force, but we are yet to see women in combat roles in the army and navy. The public remains unaware that even though women have been in the forces since 1992 all roles and career options are not offered to them. Do we have to wait for another petition to the court?

The writer is a retired wing commander, Indian Air Force. She was the initial petitioner in the case which led to the landmark 2010 Delhi High Court judgment granting Permanent Commission to women in the armed forces

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