KUSH KALRA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) "The subordination of one sex to the other ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other." - John Stuart Mill

(2.) In order to appreciate the impact of this discrimination, it is essential to understand the history of the Territorial Army, its role and structure as well as its current strength.

(3.) The origin of the Territorial Army ('TA' hereafter) can be traced back to the year 1857,when it was formed and consisted of volunteers only comprising of Europeans & Anglo-Indians. On 1st October, 1920, the Indian Territorial Force Bill was passed by the British and at that time it was organized into two wings, namely, 'the Auxiliary Force' for Europeans and Anglo-Indians and 'the Indian Territorial Force' for Indian volunteers. After independence, the Territorial Army Act, 1948 came to be enacted and the TA was formally inaugurated on 9th October, 1949 by the Governor General of India Shri C. Rajagopalachari.