In a landmark ruling, the Supreme Court on Wednesday allowed women candidates to appear for the upcoming entrance examination of the National Defence Academy (NDA). It will be for the first time that women candidates will do so in the history of the NDA, which was founded in 1954.
The interim order marks a significant step towards ensuring greater participation of women in the armed forces as the NDA is known as the cradle for grooming officers for the three Services, including the Army, the Navy and the IAF. The court also pulled up the Army for not changing its “mindset”, even during the permanent commission judgement to women sometime back.
So far, women candidates appear and qualify for courses in the Officers Training Academy (OTA) of the Army and similar institutions of the IAF and the Navy. Moreover, they join these institutions after securing the basic graduation degree.
In the case of the NDA, candidates are eligible for the examination conducted by the UPSC after clearing the plus two stage of the school. The selected candidates then undergo rigorous training for four years before branching out to the specialised institutions of the Army, the IAF and the Navy.
The apex court in its order on Wednesday said women are eligible for the NDA examination to be held on September 5. The court, however said the result of the examination will be subject to final adjudication of the petition.
The bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order on a plea filed by one Kush Kalra, which has sought a direction to the authorities concerned to allow eligible female candidates to appear in the NDA and Naval Academy Examination and train at the NDA.
The bench also directed the UPSC to take out an appropriate notification in view of its order and give due publicity to it. During the hearing, senior advocate Chinmoy Pradip Sharma, appearing for Kalra, said they have received the Centre’s counter affidavit on Tuesday in which the Government has stated that it is purely a policy decision and court should not interfere with it.
The bench told Additional Solicitor General Aishwarya Bhati that why is the Government continuing in this direction after the verdicts of this court related to extending permanent commission in the Army and Navy to women.
“This is unfounded now. We are finding it absurd. Will the Army act on after the judicial orders are passed? We will then pass an order, if that is what you want. I have this impression right from the High Court that till an order is passed, the Army does not believe in doing anything voluntarily,” the bench said.
When Bhati said women can join services through the Indian Military Academy (IMA) and OTA, the court said, “Why is it not through NDA. Is co-education a problem?”
Bhati said that this is a policy decision that women are not allowed in NDA. The top court told Bhati this policy decision is based on gender discrimination.
On March 10, the court had sought responses from the Centre and others on a plea which has raised the issue of exclusion of eligible and willing female candidates from joining the NDA solely on the ground of sex that it is a violation of fundamental right to equality.
The top court had issued notices to the Centre, the UPSC and others seeking their responses on the plea which said “the categorical exclusion of eligible female candidates from entering the National Defence Academy is not constitutionally justifiable and is simply done on the basis of their sex.”
In its order on Wednesday, the apex court told Bhati even if it is a matter of policy the Government was still allowing women’s entry through two other ways, then why would it say no to the third way.
“It is not a case of just gender principle but it is a case of discrimination”, the bench said, adding that women officers are now admitted even in combat roles.
Bhati said that in the Army women are granted permanent commission only in 10 streams while in the Air Force they are admitted as fighter pilots.
The bench observed that the mindset is to change which is not changing at all and even during hearing of permanent commission before the High Court, the Government counsel had tried to persuade the Army but it did not materialise.
“The Air Force and Navy have acted in a more liberal way. However, in the Army, you kept giving them a five-five years job and never gave permanent commission till the verdict of the Supreme Court. If you are introducing women in the Army then why do you create a bar in NDA,” the bench said, adding that the Government should not compel judicial intervention all the time.
“You must begin with some tokenism. Don’t compel judicial intervention all the time! We, as an institution, must confess that we may not understand all intricate, technical aspects of your structure, you are better situated to appreciate that. But the broad principle of gender neutrality you must understand and adapt it in the backdrop of your peculiarities. Us passing blanket orders does not advance the cause,” Justice Kaul stated.