In a firm stance on the issue of granting permanent commission to women Coast Guard officers, the Supreme Court told the Centre today, “Women cannot be excluded; if you do not act, we will.” Chief Justice of India DY Chandrachud emphasised the inadequacy of arguments based on functionality, stating, “All these arguments do not hold water in 2024. Women cannot be left behind.”
Responding to the court”s directive, the Centre”s counsel, Attorney General R Venkataramani, committed to seeking an affidavit from the Coast Guard. The top court set March 1 as the date for the next hearing.
The petition, initiated by a woman officer of the Coast Guard, advocates for permanent commission for women officers under short service commission (SSC).
During the previous hearing on February 19, the Chief Justice had pulled up the Centre, questioning the apparent indifference towards the inclusion of women in the Coast Guard. He pointed out the inconsistency with the principles of “Nari Shakti,” urging the demonstration of empowerment within the Coast Guard.
“Why don”t you want women in the Coast Guard? If women can guard the borders, they can also guard the beaches. You talk about Nari Shakti, show it here,” he had said.
The court had questioned the “patriarchal” mindset opposing induction of women into the force. “You have women in the Navy, so what”s special about the Coast Guard. We will open up the whole canvas. Gone are the days when we said that women cannot be a part of the Coast Guard,” the Chief Justice had said.
The bench, highlighting the government”s commitment to empowering women, pointed out the recent legislation aimed at reserving 33% of parliamentary seats for women. It questioned why this commitment to “nari shakti” was not reflected in the Coast Guard”s policies.
The petitioner, pilot and navigator Priyanka Tyagi, highlighted existing Supreme Court judgments on permanent commission for women in the Army and Navy. The Attorney General has argued that the Coast Guard is different from the Navy and Army.
Despite arguments from the Centre”s representatives, the bench, considering the matter patriarchal, reiterated the necessity for gender inclusivity within the Coast Guard.
The court”s scrutiny extended to the legislative landscape, noting the government”s emphasis on women”s empowerment, as evident in initiatives such as the proposed 33% reservation of parliamentary seats for women.
Tyagi”s petition emphasized the historical absence of discrimination between male and female short service commission officers until the introduction of specific rules in 2009, which restricted women officers from transitioning to permanent entry schemes. She was released from service in December last year without allowing her request to be made permanent in the coast guard, which she served for 14 years and rose through the ranks from her initial appointment as assistant commandant in 2009 to commandant, junior grade.
During the proceedings, additional solicitor general Vikramjeet Banerjee, representing the Centre alongside senior advocate R Balasubramanian for the Indian Coast Guard, clarified to the court that women were indeed employed as permanent officers in the Coast Guard. However, he noted that the petitioner belonged to a category where women in short service appointments (SSA) were not entitled to permanent absorption. This assertion drew a sharp response from the bench, with Justices JB Pardiwala and Manoj Misra labeling it as patriarchal, criticising the apparent reluctance to integrate women into the Coast Guard.
Tyagi”s lawyer, senior advocate Archana Pathak Dave, said that she is the lone woman in her batch seeking permanent absorption. Dave highlighted the systemic barriers faced by women SSA officers, emphasising that Coast Guard rules prohibited their transition to permanent entry schemes.
Tyagi”s petition referenced past Supreme Court rulings advocating equal opportunities for women short service commission officers in the Army, Navy, and Air Force, raising questions about the Coast Guard”s exclusion from this framework despite its status as an armed force since 1978.
Tyagi”s exemplary service record, including her leadership role in the first-ever all-women crew on a Dornier aircraft deployed for maritime patrolling, showcased her qualifications for permanent absorption. Despite accumulating extensive flying hours and saving numerous lives at sea, Tyagi”s pursuit of permanent commission faced bureaucratic hurdles.
Her efforts to secure permanent absorption, including multiple representations to higher authorities, culminated in her eventual release from service in December 2023. Her petition seeks to rectify the systemic bias within the Coast Guard and secure her rightful place in a permanent position.
