The
Supreme Court has allowed women the opportunity to challenge the Indian Army's
new promotion policy for the rank of brigadier, allowing them to contest
alleged discrimination. The court also closed proceedings in a pending
application seeking gender-neutral standards for promotion assessments
vis-à-vis male counterparts.
On
December 4, 2023, the court was informed that deliberations to formulate a
policy for the career progression of women officers were underway, to consider
their promotion to brigadier from colonel. The Army was given time till March
31, 2024 to draw this policy. The new policy was then introduced on March
29, titled "Future Career Progression Policy for Women
Officers" empaneled for promotion as brigadier by selection board - 2
(SB-2). The army implemented this policy following prodding from the court.
Acknowledging
the existence of the new policy introduced on March 29, a bench headed by Chief
Justice of India D Y Chandrachud stated, "Now that there is a policy
in place, the challenge to it must be heard in an appropriate proceeding."
The
bench emphasised that any grievances regarding the March 29 policy would need
to be addressed through legal remedies. The court refrained from delving into
the merits of the policy in the absence of proper legal procedure.
The
application was filed by approximately 30 women colonels.
Attorney
General R Venkataramani, who represented the government alongside Senior
Advocate R Balasubramanian for the Army, provided details of the new policy,
highlighting significant relaxations granted to women officers and stated that
future promotions by SB-2 would adhere to this policy. Venkataramani reiterated
that continuous requests for relaxation were unwarranted.
Senior
Advocate Archana Pathak Dave, representing the women officers, raised
objections to the new policy, asserting that it shared similar flaws as
observed in the Nitisha judgment. Notably, the policy mandated compulsory
higher courses lasting two years, a requirement deemed impractical for officers
with nearly two decades of service.
Colonel
Sarika Pendalwar, assisting Venkataramani, disclosed that out of the army's
approximately 49,000 officers, 150 colonel vacancies had been earmarked for
women officers. However, the officers' affidavit claimed that the policy
hindered their future career progression to major general, portraying it as
regressive.
The
army's stance on maintaining essential eligibility criteria for promotions,
particularly emphasising operational requirements, was reiterated.
Venkataramani underscored that while the issues raised by women officers
pertained to pre-2005 batches, making exceptions for the petitioners could have
long-term implications.