Supreme Court slams Army, Centre for ‘gender discrimination’

CISF members march during a ceremonial parade. File pic/AFP

The Supreme Court on Wednesday in an interim order has allowed women to take the National Defence Academy (NDA) exam scheduled for September 5, and also slammed the Indian Army and the Centre for the decisions that are based on "gender discrimination".

A bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy ordered that women candidates can take the NDA exam, but the admissions will be subject to the outcome of the petition. It was hearing a plea filed by one Kush Kalra, who has sought a direction to the authorities concerned to allow eligible women candidates to appear in the NDA and Naval Academy Examination and train at the NDA.

The bench directed the UPSC to take out an appropriate notification in view of its order and give due publicity to it.

Senior advocate Chinmoy Pradip Sharma, appearing for Kalra, said they received the Centre's counter affidavit on Tuesday stating that it is purely a policy decision and court shouldn't interfere with it. The SC told Additional Solicitor General Aishwarya Bhati, "This is unfounded now. We are finding it absurd.

Will the Army act after judicial orders are passed? We will then pass an order, if that is what you want. I have this impression...that till an order is passed, the Army doesn't believe in doing anything voluntarily." Bhati said the Army conferred Permanent Commission (PC) to many women. The SC said, "You had kept on opposing it (PC) till the orders were passed by this court. You didn't do anything of your own. The Navy and Air Force were more forthcoming while the Army seems to have some kind of bias."

Bhati said women can enter the Army Indian Military Academy and Officers Training Academy. The SC responded, "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 SC said this policy decision is based on gender discrimination. "We direct the respondents (Centre) to take a constructive view of the matter in view of the judgments of this court".

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