BABITA PUNIYA Vs. THE SECRETARY AND ANR.

JUDGEMENT

(1.) "Nature gave woman too much power; the law gives them too little." Observed Will Henry, American political adviser and columnist. The claim of women to the right to serve in the Armed Forces has been and is a matter of debate in various countries. The denial of such right is pleaded to be a case of gender discrimination. This is more so as the modernization of the Armed Forces has resulted in lesser reliance on a hand to hand combat. The debate in each country is coloured by its own social & cultural norms and ethos. In some of the countries women have now been inducted into combat force while in other countries the induction has been restricted to support services to actual combat.

(2.) The second limb of the claim is for the right to Permanent Commission (for short 'PC'). In India the progress in this behalf has been slow on the perceived ground of social norms. There has been induction of women into certain restricted areas of the Armed Forces and that too on a Short Service Commission (for short 'SSC') basis. The Government is stated to have carried out studies for grant of PC to women but till date it has not received a favourable response.

(3.) We are here concerned with women officers who were granted SSC in the Air Force and in the Army and who seek P.C. These officers have had long stints albeit on SSC basis extended from time to time to as much as 14 years. The consequence of not being granted PC is that these officers are deprived of certain benefits and privileges, which would have enured to them in case of grant of PC like pension, ex -serviceman status, medical facilities, etc.