Sushree Mohanty
The Supreme Court has issued a notification to the Central government in a petition demanding for bearings to permit eligible female applicants to join the National Defense Academy (NDA) and the Indian Naval Academy (INA) in the matter between Kush Kalra versus Association of India and Others.
The notification was issued by the three-judge bench headed by Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian.
The Court additionally gave notice in a pending application documenting Anita, who was denied a chance to enlist at the National Defence Academy and was forced to “surrender her dreams to join the Armed Forces.”
The petition filed by Kush Kalra through Advocate-on-Record Mohit Paul contends that refusal to admit women candidates and barring them from enrolling at the National Defence Academy violates Articles 14, 15, 16, and 19 of the Constitution of India.
The plea was recorded considering the bearings given by the Supreme Court concerning expansion of Permanent Commission to Short Service Commissioned women officials of the Indian Army.
The plea stated that post the judgment in the matter of Secretary, Ministry of Defence versus Babita Puniya and Others, the Permanent Commission has been made available to the Women Officers of the Army.
However, the said pronouncement has failed to take any practical effect since there is still no method available for female candidates to join the Armed Forces as Permanent Commission Officers.
“In the current situation, female applicants need to apply through the proper method of entry into the Armed Forces as a Short Service Commissioned Officer and in the wake of serving for a specific time frame, have the choice to choose Permanent Commission.”, the plea added.
The petition further challenged the outright rejection of the women candidates to prepare at the National Defence Academy and get posted into the Armed Forces of the Country as Permanent Commissioned Officers based on their sex and stated that the practice violates their Fundamental Right to Practice any Profession as prescribed under the Indian Constitution.
It said that due to the presence of such a framework, qualified and willing female candidates are not permitted to select Armed Forces as a subsequent option post the completion of their 10+2 level education.
The petition further contended that “qualified and willing female candidates are being denied the chance to train at the National Defense Academy based on their sex and subsequently barring the qualified female competitors the chance to enlist at the premier joint training organization of the Indian Armed Forces turns into an obstacle in the professional advancement openings for Female Officers in the Armed Forces”.
The said plea was presented for arguments by Advocate Chinmoy Pradip Sharma.