Solicitor General Tushar Mehta clarified on Wednesday that the Centre did not intend to advance the argument that male officers cannot take orders from women officers in command posts in Army. He was making a submission on a petition demanding permanent commission for women in the force.
The Centre on Tuesday had said that the women are not suitable for commanding posts in the Army because the male soldiers are not ready to accept women in command.
Coming down heavily on the Centre for its gender insensitive remark, the apex court had said if the government is willing to change its mindset then women officers could be given command posts in the Army.
A three-judge bench headed by Justice DY Chandrachud, including Ajay Rastogi, ruled that two things are required to eliminate any form of gender discrimination–“administration will and change in mindset”.
The court said, “If there is a will and a change in mindset on the part of the government, then women officers could be allocated command posts in the Army”, adding that there are several other services where women could be included, such as combat operations”.
Senior advocate R. Balasubramaniam, representing the Ministry of Defence, said there are no rules governing the appointments which lead to gender discrimination in promotion or appointments. He said that all the provisions and rules apply equally to both men and women, and any proposition of gender discrimination is misplaced.
The Bench reserved its orders on the issue of the permanent commission for women in the Army. It stated that cases of a similar nature pertaining to the Air Force and the Navy will be taken up next week.