Syllabus:
GS1: Role of women and women’s organization
Context:
The Supreme Court has sought responses from the Centre and the Indian Air Force (IAF) on a plea filed by Wing Commander Nikita Pandey after she was denied permanent commission.
More on the News
- The Wing Commander alleged gender-based discrimination for being denied Permanent Commission (PC) after 13.5 years of service.
- The Supreme Court directed that Wing Commander Pandey shall not be released from service until further orders.
Observations by the Bench:
- The Bench called IAF a professional force and said the uncertainty on service was not good for such officers.
- The armed forces should develop the capacity to absorb all eligible SSC officers into Permanent Commission, especially women officers who have performed exceptionally.
- Policies should reflect the changing demographics and gender dynamics of the armed forces.
- The Bench noted that Short Service Commission (SSC) officers face a “tough life” post-recruitment, and highlighted the need for:
- An incentive structure after 10–15 years of service.
- Reduced uncertainty in career progression.
- The court remarked that minimum benchmarks must be maintained, but emphasised the need for a fair opportunity.
Submissions by Wing Commander’s Counsel:
- Senior Advocate Menaka Guruswamy represented Wing Commander Nikita Pandey.
- Key points raised:
- The officer is a top-ranked fighter controller, part of IACCS (Integrated Air Command and Control Systems).
- Participated in Operation Sindoor and Operation Balakot.
- Denied Permanent Commission due to a 2019 policy, despite being second in the national merit list.
- Service was scheduled to conclude a month after the policy implementation.
Response from Centre and IAF:
- Additional Solicitor General Aishwarya Bhati appeared for the Centre and IAF.
- She noted that although the officer was brilliant, she was found unfit by the selection board.
- Claimed the officer approached the Supreme Court directly, bypassing internal representation.
- A second selection board would consider her case.
- Justified that IAF follows a steep pyramidal structure, which:
- Requires retirement of certain officers after 14 years.
- Allows for the induction of younger officers.
Supreme Court Judgement on Permanent commission:
- In 2019, the Army changed its rules allowing SSC women officers to opt for permanent commission who would have otherwise retired after 14 years of service.
- However, this was not retrospective, and applied only to the batches of women officers starting their career in the Army in 2020.
- In the landmark judgement of Babita Puniya & Ors. case (2020), Supreme Court granted permanent commission to women officers with retrospective effect.
- This opened the doors for their further growth and promotions in the Army, which has been of late opening leadership and higher management courses for women.
- With a longer career in the Army, women officers will be considered for promotions, including to the rank of Colonel and beyond.