2. Facts of the case
For the first time in 1992, the Central government issued a notification allowing females to join certain
cadres of the army like induction in Short Service Commission (SSC), Intelligence Corps, Corps of
Signals, Regiment of Artillery, Army Service Corps, Education Corps, the Judge Advocate General’s
Department, earlier the women officer were limited to the post of nursing, dental and other related to the
health department.
The main point to be noted is that there was no commission formulated for the female counterparts as
same as the male counterparts.
In regard to the aspect a practicing Advocate named Babita Puniya filed a PIL in Delhi High Court
seeking for formulating separate commission for female counterparts.
3. In regard with it in 2005 a government notification was passed on by Ministry of Defence
extending the validly of appointment scheme of the women officers in Indian Army. Later in
2006, it allowed the women officers in Military to serve for 14 years.
In 2008 the Government agreed to allow permanent commissions to women officers in the
army, but only in certain departments such as the education corps, judiciary, and the same
branches in the navy and air force. Several petitions challenging the 2006 & 2008 Notifications
were filed.
4. • In the year 2010 the High Court of Delhi ordered that to provide permanent commission to
women officers , but the Center did not comply with it so Contempt proceedings were made
against for not complying with the directions of High Court. But later it was accepted and
granted to setup private commissions to women.
• In the year 2011, the Hon'ble Supreme Court granted time to setup the commission to the
Union that is to the Ministry of Defense
• In the year 2019, instructions was passed regarding the setup of Permanent Commissions to
female officers in eight arms services; however, these instructions only covered a variety of
staff appointments
5. Issues of the Case
• 1. Should females in the Indian Army be granted Permanent Commissions?
• 2. Would it be acceptable to implement the notification issued by the
Ministry of Defense on February 15th, 2019?
6. Analysis
• As holding the fundamental rights of women in a Patriarchal Society, the Hon'ble
Court gave an very crucial judgement on ensuring equality for women in the society.
The Supreme Court confirmed the stand of Delhi High Court on this aspect as it
was worried about the role of appellants,knowing that women play no less of a role
than men, regarding the discrimination females face because of physical differences,
not thinking they are qualified for positions at the front lines or high positions in
the 21st century.
• “According to the Union of India, women are not employed on duties which are
hazardous in nature unlike their male counterparts in the same Arm/Service who
are liable to be employed in combat duties”
7. Judgement
• The Supreme court held that Article 14 of the Fundamental rights has been
violated. Justice D.Y. Chandrachud also said that while Article 33 did provide
for limitations on Fundamental Rights in the armed forces, however, they
could only be enforced to the amount necessary to assure their proper
performance and discipline.
• The Supreme court also enlisted some conditions to be fulfilled in the grant
of permanent commissions to SSC female officers
• No matter the service period of women they are entitled to Permanent Commissions
8. • In PCs, all specialization choices are available to women officers on the same
conditions as male officers.
• SSC female officers shall also enjoy the benefits of being in the service until
they reach pensionable service.
9. Feminist Jurisprudence
Number of women have contributed to the development of it as it led to the
success of this movement.
Heather Wishik states “ feminist jurisprudence is a house with many rooms in
this it reflects the different movements in feminist thought. The patriarchal
setup in the society that unites up for the feminist movements.”
10. How far it is related with Schools of Jurisprudence
• Historical school of Law:
• There was an allegation that History was written by males and only from their point of view.
But in parts of Europe and science and discoveries brought up revolutionary moves.
• Renaissance period also provided hope.
• But in real historical perspective shows that women were burned as witches and all the wives
were domesticated and excluded from participation in promises of Liberty, Equality and
Fraternity. As all this situations led to system of patriarchy(male dominated).
“ Legal jurisprudence has in its historical development identified certain fundamental
principles which form the essential constituents of judicial procedure”
Radical Feminism( supports the customary practices)
11. How far it is related with Schools of Jurisprudence
• While the historical school and feminist jurisprudence approach legal analysis from different
angles, there are some areas where they overlap. For example, both schools of thought
recognize the importance of understanding the historical context in which legal concepts
and institutions arose. Feminist jurisprudence often looks to history to understand the roots
of gender-based inequalities and to identify opportunities for reform, while the historical
school is interested in how legal systems have evolved over time and how they have been
influenced by broader historical trends
12. • Sociological School : “ Law is a social science and constitutionality turns not
on abstract principles or rigid legal canons(customs) but concrete realities
and given conditions for the rule of law comes from rule of life’’.
• Society is the basis of every law, as everything is the product of the society.
• Post Modernist feminism ( It concentrates about the realities women face, about the
situations and methods to reduce it)
• Incorporationist Feminism( It concentrates on special role to women at the time of
pregnancy and breastfeeding)
