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Supreme Court of India 2020-02-17 partly_allowed

Secretary, Ministry of Defence vs Babita Puniya & Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

This landmark judgment addresses equality rights for women military officers. The Supreme Court held that women officers commissioned on Short Service Commission (SSC) are entitled to Permanent Commissions on equal terms with male officers. While acknowledging that Parliament may restrict fundamental rights for Armed Forces personnel to maintain discipline, the Court struck down the blanket exclusion of women from command and criteria assignments. The Court ruled such exclusion cannot be sustained without case-specific justification; if the Army objects to women in particular roles, it must provide individuated reasons, not blanket policy. Women denied PC when eligible received relief with all consequential benefits.

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Constitutional Law Gender Discrimination Military Law Equality of Opportunity Armed Forces Administrative Law Equal Protection

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