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Supreme Court of India 2020-02-17 allowed

SECR.,MINISTRY OF DEFENCE vs BABITA PUNIYA

Bench: 2 — D.Y. Chandrachud, Ajay Rastogi

In Brief

Women Short Service Commission officers in the Indian Army sought parity with their male counterparts in obtaining Permanent Commissions. After a decade of litigation, the Court upheld the women officers' right to equal consideration for Permanent Commission in all ten Army streams where they are commissioned, rejecting stereotypical arguments about women's physical capabilities and social roles as unconstitutional. The Court held that blanket restrictions preventing women from command or non-staff appointments violate Article 14, and that all serving women officers must be considered irrespective of length of service. The decision emphasizes that equality of opportunity in public employment extends to the Armed Forces, and physiological or gender-based stereotypes cannot justify discrimination.

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Armed Forces Gender Discrimination Equality Women Officers Constitutional Law Military Service Permanent Commission Fundamental Rights

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