Supreme Court to consider Interim Relief on PIL allowing Women into NDA

permanent commission to women officers in Indian Armypermanent commission to women officers in Indian Army

Aishwarya Rathore-

The Supreme Court on Friday granted the Union Government the final opportunity to file a counter affidavit in a petition which seeks to allow eligible women candidates into National Defence Academy (NDA), where only men can join now.

A bench noted that though notice was issued in the petition on March 10 this year, no counter-affidavit has been filed yet.

On being told that the next round of examination is on September 5, the bench posted the matter to August 18 to consider the issue of grant of interim relief.

A Division Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy was hearing the petition, which asked for directions to take the necessary steps to allow eligible female candidates to take the National Defence Academy and Naval Academy Examinations and train at the National Defence Academy.

The current Public Interest Petition raises the issue of a violation of Articles 14, 15, 16, and 19 of the Indian Constitution by denying eligible female candidates the opportunity to enrol, train, and develop themselves as future leaders of the Indian Armed Forces at the National Defence Academy.

However, the Supreme Court in the matter of Secretary, Ministry of Defence v. Babita Puniya and Ors., clearly observed that the gender roles or the physiological features of a woman have no significance to her equal entitlements under the Constitution of India.

The plea states, “Eligible female candidates with adequate 10+2 level education are denied the opportunity to take the National Defence Academy and Naval Academy Examination on the basis of their sex and as a result of this denial, the eligible female candidates do not have access to any mode of entry to join the Armed Forces as Officers at the 10+2 level of education.”

Whereas, equally and similarly situated male candidates with 10+2 levels of education have the opportunity to take the Examination.

This is a clear violation of the Fundamental Right to Equality of Opportunity in Matters of Public Employment and the Fundamental Right to Protection from Discrimination by the State on the Ground of Sex in Respect of any Employment or Office under the State.

The petition also claims that the categorical exclusion of women from training at the National Defence Academy and being commissioned into the Indian Armed Forces as Permanent Commissioned Officers solely because of their gender is a violation of the Fundamental Right to Practice Any Profession and is unjustifiable under the Indian Constitution.

Read more: Plea challenging exclusion of women from NDA & INA: SC seeks response from Centre

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