"We must recognize here, that the structures of our society have been created by males for males. Therefore, certain structures which may appear to be facially harmless are an indication of insidious patriarchal system. A facially equal application of laws to unequal parties is farce, when law is structured to cater to male standpoint. Superficial face of Equality does not stand true to the principles enshrined in the Constitution", the Supreme Court ruled in the 137-page judgment.
"Some of the finest women officers who have served the Indian army have been excluded on the specious ground that these have been achieved after 5/10 years on the ground that the benchmark of lowers credentials of male counterparts were not met", the Court said.
"The evaluation criteria adopted by Army constitutes systemic discrimination of women… The criteria requiring them to match the lowest merit of the male officer and requirement to be in SHAPE-1 criteria disproportionately affects women," the Supreme Court bench said.