SC directs Coast Guard to acknowledge ‘march of time’ concerning permanent commission of women officer

The Supreme Court on Monday directed the Indian Coast Guard to acknowledge “the march of time” concerning the permanent commission of women in the Army, Navy, and Air Force. This directive came as the Court ordered the reinstatement of a woman short-service commission officer, who had been discharged from service in December 2023, pending a decision on her plea for equality with male counterparts.

The bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, expressed disdain for the Coast Guard’s resistance, represented by Attorney General R Venkataramani and Additional Solicitor General (ASG) Vikramjeet Banerjee. The Court highlighted historical instances of resistance to gender inclusion, emphasizing the evolving nature of societal norms.

Addressing the ongoing disparity, the order stated, “As regards Army, Navy, and Air Force, this court has already rendered judgments. Unfortunately, the Indian Coast Guard continues to be an outlier.”

The petition was filed by Priyanka Tyagi, an assistant commandant (general duty) who was discharged from the force on December 31, 2023. The Court directed the transfer of her petition from the Delhi High Court to the apex court, citing constitutional obligations under Article 15, which prohibits discrimination based on gender.

As an interim measure, the bench, comprising justices JB Pardiwala and Manoj Misra, directed Tyagi’s service in the Coast Guard to continue until further notice, assigning her a suitable posting in accordance with her qualifications.

The Court recalled previous judgments granting parity to women short service commission officers (WSSCO) in the Army and Air Force. However, it noted the continued resistance within the Coast Guard, contrasting with the progressive stance adopted by other defense forces.

The Attorney General argued against a theoretical approach, citing infrastructural challenges and existing provisions within the Coast Guard. However, the bench reiterated the importance of gender equality and emphasized the need for a level-playing field.

The affidavit filed by the Centre and Coast Guard in March highlighted infrastructure limitations, particularly regarding sea duties. It acknowledged the need for operational modifications to accommodate women officers effectively.

Priyanka Tyagi’s case reflects a broader struggle for gender equality within the armed forces. Despite her exemplary service, barriers persist in granting her permanent absorption. As her petition awaits adjudication, the Supreme Court’s intervention underscores the ongoing battle for inclusivity and fairness.