The Centre has told Supreme Court that men and women are recruited to the Judge Advocate General (JAG or legal) department in the Army through separate service selection boards (SSBs) because women officers are not readied for combat roles, while male officers get mandatorily attached to artillery units as part of induction.
A woman had contested the practice of holding separate SSBs and maintaining distinct merit lists for male and female officers in the department. The Supreme Court had reserved its judgment on the matter and directed the Centre to submit its response.
Govt said operational readiness determines vacancies in the Army, and as a policy, women officers aren't meant for frontline combat deployment where contact with enemies is likely. They aren't deployed for counter-insurgency or counter-terror forces, such as Rashtriya Rifles & Assam Rifles, it cited.
Countering the petitioner's argument before a bench of Justices Dipankar Datta and Manmohan that JAG officers do not have combat roles, the Centre said not only do the male officers get attached to artillery units but are also expected to discharge the role of combatants in case of armed conflicts. It cited their deployment in Indian Peace Keeping Force (IPKF) in Sri Lanka and Kargil operations.
Additional solicitor general Aishwarya Bhati said on behalf of the Centre, "Due to the prevailing operational scenario, Indian Army has a standing operational deployment unlike modern western armies. India is surrounded by states inimical to our interests along the immediate neighbourhood. This implies that our Army is mandated to maintain operational readiness to undertake conventional operations along northern and Western borders."
Without referring to Operation Sindoor, govt said, "No one can predict when the next conflict arises, in which or both borders, at what force level, and whether as a full-scale war or limited operations. Depending on the operational need and force strength, combatant personnel deployed in peacetime duties get mobilised irrespective of their arm/service to boost the operational necessities of the regular Army."
Arguing against judicial interference based on gender parity without considering its impact on operational readiness of armed forces, the Centre said, "Gender integration in the defence services is an evolving process and is calibrated to the operational needs and is subjected to periodic review and studies. The intake policies (for JAG) have evolved progressively from 70:30 ratio to 50:50 from this year.
(With TOI inputs)
A woman had contested the practice of holding separate SSBs and maintaining distinct merit lists for male and female officers in the department. The Supreme Court had reserved its judgment on the matter and directed the Centre to submit its response.
Govt said operational readiness determines vacancies in the Army, and as a policy, women officers aren't meant for frontline combat deployment where contact with enemies is likely. They aren't deployed for counter-insurgency or counter-terror forces, such as Rashtriya Rifles & Assam Rifles, it cited.
Countering the petitioner's argument before a bench of Justices Dipankar Datta and Manmohan that JAG officers do not have combat roles, the Centre said not only do the male officers get attached to artillery units but are also expected to discharge the role of combatants in case of armed conflicts. It cited their deployment in Indian Peace Keeping Force (IPKF) in Sri Lanka and Kargil operations.
Additional solicitor general Aishwarya Bhati said on behalf of the Centre, "Due to the prevailing operational scenario, Indian Army has a standing operational deployment unlike modern western armies. India is surrounded by states inimical to our interests along the immediate neighbourhood. This implies that our Army is mandated to maintain operational readiness to undertake conventional operations along northern and Western borders."
Without referring to Operation Sindoor, govt said, "No one can predict when the next conflict arises, in which or both borders, at what force level, and whether as a full-scale war or limited operations. Depending on the operational need and force strength, combatant personnel deployed in peacetime duties get mobilised irrespective of their arm/service to boost the operational necessities of the regular Army."
Arguing against judicial interference based on gender parity without considering its impact on operational readiness of armed forces, the Centre said, "Gender integration in the defence services is an evolving process and is calibrated to the operational needs and is subjected to periodic review and studies. The intake policies (for JAG) have evolved progressively from 70:30 ratio to 50:50 from this year.
(With TOI inputs)
