The Supreme Court declared that the evaluation criteria adopted by the Indian Army to consider the grant of permanent commission(PC for women officers to be “arbitrary and irrational“.

The Court directed the Army to reconsider the pleas of women Short Service Commission officers for grant of PC within two months in accordance with the fresh directions issued by the Court.

The top court held that the evaluation criteria adopted by the Army to benchmark the women officers with the lowest credentials of their male counter- -parts and to freeze their ACR evaluation at the 5th or 10th years of their services to be “arbitrary and irrational”, causing women officers “systemic discrimination”.

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The Supreme Court in February 2020 had  upheld Delhi High Court’s judgement of granting permanent commission to women officers in the Indian Army.

The Supreme Court says that the permanent commission will apply to all women officers in the Army in service, irrespective of their years of service.

The top court stated that the arguments of the Centre raising the issue of physiological limitations and social norms to deny opportunity to women officers is disturbing and cannot be accepted as women officers have performed exceptionally well and brought laurels, of the country.

The SC directed the government to grant permanent commission to women officers who have already worked as short service commission officers in the Indian Army, insisting that it would go a long way in eradicating gender stereotypes prevalent in society.

The Delhi High Court had in 2010 ordered the government to provide them permanent commission but the government has been dragging it’s feet on the issue. The SC noted that the absolute bar on granting command posting to women officers in Army is irrational and against equality. It is indefensible to deny command posting, and an a blanket ban on command posting for women cannot be sustained in law.