The military women and the fight to be equal
Navdeep Singh
Paradoxically, more than the
military establishment and policy makers, the concept of nari shakti in the defence services has been powered by
Constitutional Courts. The Delhi High Court ruling that women cannot be denied
entry into the Territorial Army, a unique organisation of volunteers who are
otherwise engaged in civil occupations and who wear the uniform for a few days
in year so that they can be called out during national emergencies, is the
latest in the same vein.
Though I tend to concur that
induction of women in the military has to come about in a phased manner with
due thought and not merely as a sentiment of political correctness, I also feel
that a little more flexibility by the establishment should be at display while
opening its doors. The recent decision of the Government and the Army Chief
regarding induction of women in ranks other than Commissioned officers, seems
to be an apt step.
Initially inducted in the
defence services only as Short Service Commissioned Officers with 5 years
initial terms, extendable to a maximum of 14 years, it was the Delhi High Court
in 2010 which directed the Government to consider them for permanent
commission. The Government of the time chose to challenge the verdict in the Supreme
Court where it still remains pending, but since a stay was not granted by the
Apex Court, women officers continue to serve on the strength of the High Court
decision. The stand of the official establishment wherein women were thought
fit to serve for 14 years but not 20 years or more which would have entitled
them to pension, and without any post-retirement occupational guarantee thereby
leaving them at crossroads in the middle of life when requirement of
subsistence is at peak, was, to put it softly, not a well-rounded stand. Things
have changed since then with the military embracing more progressive policies,
but rough edges still remain and the case remains pending in the Supreme Court.
The above apart, women have
had to litigate at multiple stages for their rights. There was yet another case
wherein the Delhi High Court in 2015 had ordered the Navy to consider its Short
Service Women officers for Permanent Commission but again the verdict was
challenged in the Supreme Court. The Punjab & Haryana High Court, in a
landmark verdict on pregnancy rights in the military, had held that it was not
proper for the Army Medical Corps to reject the candidature of a woman (where married
women can join till the age of 45 and there is no training in a military
academy) after her selection and asking her to undertake the entire procedure
again, only because she happened to disclose that she was pregnant when she
reported for duty. The Court opined that forcing a person to choose between a
child and her employment had “no place in modern India.” Thankfully, the judgment
was implemented without appeal.
What this shows is that
there’s no easy road for women. While some grounds articulated by the
establishment, such as induction for frontline combat, may well be quite valid
and open to argument and then actions should not always be based upon political
correctness or popular flavour, the situation needs redemption when resisting
change becomes a default reaction and unfounded fears are injected in the minds
of senior military brass or political executive to stall progress. For example,
the oft repeated phrase ‘what would happen if a woman soldier is captured?’.
Well, a soldier is a soldier and the fear of a war crime equally applies to
male soldiers. Then the issue of women garnering postings in ‘peace’ areas
while leaving tough or ‘field’ postings for men is raised. If true, then the
answer to it is not resisting the induction of women but ensuring balanced
personnel management policies, making it clear that equality is a two-way
street and then strictly ensuring the same without fear or favour.
These issues are not simplistic,
and the key, therefore, cannot be black & white, however a workable
solution could be to decide these in a participative manner by study groups
involving the defence establishment and also former and current women members
of the military with the political executive then finally deciding upon policy.
There are a few pointers that could be kept in picture. Firstly, whenever there
is judicial intervention in matters of such policy, the default reaction should
not be an appeal out of administrative egotism but introspection and ways to
rationalize and harmonize the policy itself to the best extent possible.
Secondly, decisions on women personnel must always be taken after due
discussion with stakeholders by involving the military establishment and women
members. Thirdly, regressive policies such as the Coast Guard seeking a
certificate from women appointees that they shall not conceive more than twice
during service, should be immediately reviewed. Fourthly, a cue should be taken
from the experience of the Police and the Central Armed Police Forces where
women have acquitted themselves well and have served in exacting circumstances
in all ranks without any major hiccup.
These are times of
exhaustive churning. Every military of every democracy has encountered vexed
questions in this regard, but then like all other similar matters, the system
self-adjusts. What seemed odd in the days of yore is pretty much a part of
regular life today.
With the Chiefs of the Defence
Services showing maturity in being open about accepting more women in the
forces, the Prime Minister also calling for it, and the apex defence political
appointment being held by a woman, there could not be a better time to initiate
change and to review matters currently sub
judice by identifying a meeting point.
