The Supreme Court on Wednesday, breaking a 65-year-old glass ceiling, stated that women be allowed to appear for the forthcoming National Defence Academy (NDA) examination, ruling that the policy that bans them admittance into the elite institution is based on “gender discrimination”. It also slammed what it called the army's attitude toward providing equal opportunity to women.
A bench of justices Sanjay Kishan Kaul and Hrishikesh Roy, opened the doors of the Indian armed forces' joint defence service training institute to women cadets, directing the Union Public Services Commission (UPSC) to publicise the new admissions advertisement widely so that the order's intent is carried out, and more women apply.
The bench said in its interim judgement that women applicants will be allowed to sit for the September 5th exam (now rescheduled for November 14th), but that their admittance will be subject to the court's final orders. On September 8th, the court will hear the case again.
The court's decision comes only days before the army, navy, and air force service chiefs visit the NDA in Pune, to examine facilities and arrangements for female cadets. According to a senior army commander who spoke on the condition of anonymity, the visit was arranged earlier this month.
The court rejected the Union government's contention that the ban on women training at the Pune-based NDA was a policy choice, writing in its ruling: "This is a policy decision based on gender discrimination. We expect the army and the government to take a more constructive view of the matter...”
The bench voiced its displeasure with the Indian Army's "mindset" when it comes to equal service possibilities for men and women in the country's armed services. This came to light while hearing a case filed by lawyer Kush Kalra for equal opportunity for women at the NDA and the Indian Naval Academy.
Justice Kaul, in his statement to additional solicitor general Aishwarya Bhati, who appeared for the Centre and the department of defence, said, “We keep passing orders after orders, but the army will not change its mindset. I am finding it absurd now. It is like the army will act only when judicial orders are passed. Air force and navy are far more liberal, but [the] army does not believe in taking voluntary decision till the courts pass orders. There is a relevant bias in the army not to implement even the orders.”
Bhati, for one, claimed that because the concerns involved national security, the defence ministry should be given considerable leeway in drafting laws governing training institutes and other branches.
The bench responded by stating, “We will also normally like to leave it to you to decide the manner of implementation but we cannot let you create a bar against women. Don’t make judiciary intervene every time. Do it yourself rather than inviting orders from the court. You must accept the broad principles of gender neutrality and then structure it in your peculiar set up.”
The discussion on women's admission into the army through the NDA, according to the senior army officer quoted above, is still ongoing. “The service chiefs from the army, navy and air force had planned a visit to the NDA in Pune on August 20th to review the training and administrative arrangements for women cadets. Additional infrastructure to provide for women cadets has been approved earlier and should come up in time bound manner. Gender equality has been an issue which has been actively debated and found positive response in the services,” he said.
The entrance exam for the NDA has been delayed from September 5th to November 14th according to the UPSC's revised calendar. Only male candidates aged 16 and a half to 19 who had completed class 12 or its equivalent schooling and were between the ages of 16 and a half and 19 were eligible to apply under the existing qualifying conditions.
Candidates who pass the NDA exam are invited to an interview by the Service Selection Board (SSB), after which they are recruited into the Indian Army, Navy, and Air Force wings of the NDA, as well as the INA pre-commission training course. The NDA was established in 1955.
Senior counsel Chinmoy Pradip Sharma and advocate Mohit Paul, who appeared for the petitioner on August 18th, cited the Centre's affidavit to question the rationale for prohibiting women from joining the NDA when they could be recruited through the Officers Training Academy (OTA) and the Short Service Commission (SSC).
While ASG Bhati contended that the prohibition at NDA is based on a policy decision, the bench said, “You yourself said that as a matter of policy you are allowing entry of women from two sources.. why close a third mode of entry? It appears to be largely discriminatory.”
The law officer attempted to persuade the court that the army is not anti-women and that permanent commissions are now being granted to women as well. The court was keen to point out that this, too, came as a result of a Supreme Court decision.
Another plea for girls' admission to the Rashtriya Indian Military College (RIMC) in Dehradun was heard by the court, which asked Bhati how long it would take the government to bring gender equality to such institutions. Along with Kalra's request, the court posted this petition, which was filed by counsel Kailash More.
The categorical exclusion of eligible female candidates from the NDA, according to Kalra's appeal, was illegal and solely based on their gender.
The judgement has seen many debates across social media and news channels, with most people in support of the Supreme Court’s decision. However, according to a media report, military leaders have reacted to the decision, stating that the NDA in its present structure is not meant to admit women immediately. According to them, significant reforms need to be made for the NDA to become an inclusive space.
The Union government stated in an affidavit filed a day ago, opposing the admittance of female cadets, “Training at NDA does not confer any automatic advantage to male cadets over their counterparts from other training establishments /institutions.” It was claimed that instruction at any comparable training institute may not be considered a violation of the Constitution.
The affidavit, referring to a Supreme Court ruling in February 2020 that gave women short service commission officers the same opportunities as their male counterparts for permanent commission in 10 army branches said, “The issue of discrimination against women in the recruitment policies of the Indian Army, has attained finality and nothing survives….There is no denial of right or opportunity to women who desire to become officers in the Indian Army and who fulfil the necessary requirements and are found suitable.”