Abstract:
The Armed forces, the word that demand respect and scream authority. From Navy to Air forces every single force driven by one strong Purpose. The desire to serve and protect our nation. Every single citizen at some point has a strong sense of duty to do something for the country that gave them everything from basic necessities to a stable life. Gender is not significant what matters is the pure desire to serve. This article examines the position of women in Indian armed forces with provisions, policies and judgements. Although many policies and judgement has been delivered but the impact is still slow but it is present. Does is significs something? Yes, but is it enough in ground realities of a women in Indian armed forces? This article will highlight the gap, figures the challenges and the possible suggestions to improve the system for the equality and future of our country.
Introduction:
Originally, like western countries Indian Women were excluded from physical fights and decision-making roles. Reasoning? The stereotypes and assumptions that women have naturally weaker composition and build that is not suitable for physical combat and high demanding physical and emotional jobs. This result to the limited participation of women in armed forces ultimately in medical and nursing which has limited opportunity for career progress. Women’s entry in core military was almost impossible as the physically demanding roles and decision-making positions were dominated by man. Of course, overtime changes appeared policy shifts towards women in military. One of the significant changes in the history for women in armed forces is the introduction of short service commission and the induction into the Navy, Air and Army branches. Supreme Court of India also played an important role with its judgements and authority promotes equality in armed forces. The Supreme Court of India with constitution as a principal Article 14 equality before law, Article 15 prohibits discrimination on the basis of sex and article 16 equality in terms of public employment. With these provisions Supreme Court declares that it is the state’s responsibility to ensure that women are not being denied entry on the basis of gender in the armed forces. However, despite all this the gap between the implementation and the recognition is still way too large. This makes the policy vs the practices decision even more important than ever.
Legal Framework Governing Women in Armed Forces:
- Constitutional Provisions
Equality, the basic right of every human being comes from the only document none other than the constitution of India. Same goes for the women in army. Various articles of the constitution talk about the equality from article 14 equality before the rule of law to article 15 discrimination on the basis of sex or article 16 the right to opportunity in term of public employment. Therefore, it is the state responsibility to make sure that all women are given their well-earned chances to compete for the position. Any exultation of women must have any reasonable and rational reasoning for it which is fair and constitutional by law. Although the article 15(3) allow special provisions such as reservations or protective measures but that cannot be used against women to exclude them from opportunities related to combat which are merely derived assumptions and stereotypes. The Supreme court of India states that the armed forces are under the state’s jurisdiction, it is their responsibility to makes sure that women are getting opportunities and being recognized for their work as well as men.
- Statutory and Policy Framework
Talk about long term service, Is it same as men? Yes and no why? Historically women in military were ruled by SSC (Short Service Commission) which means no option for long time service or service benefits and limited career growth than what changed? After various court judgements and orders women become eligible for permanent service but only in non-combat services. Frontline military services such as tanks are still not available for women. For how long? The question that is still up for discussion. The acts such Navy Act or Air force act doesn’t prevent a woman from entering then what does? Limitation of practices and policies for decades does until the court interprets and beaks the ice.
Judicial Evolution of Women’s Rights in Armed Forces
Through out the history, it has been noticed that whenever there is discrimination or any type activity that has been declared unconstitutional by law. The judicial intervention is necessary and noticed sometimes late but there. Particularly, The Supreme Court of India has been the one stepping up in matters related to gender equality in armed forces whether it is the discrimination or lack of opportunity through various cases the supreme cases the supreme has landed various judgement in favour of women inclusivity in armed forces.
From the famous case Babita Puniya (2020) that led to women having permanent commission with the same benefits as the male officers of the same positions. This case also ended the short service commission practice for women and declared any claims of women being unfit for the benefits derived from assumption about their physical or mental health or social roles.
Same thing happened with the case Annie Nagaraja (2020) as the court declared that the women with PC are perfectly capable candidates for leadership or commanding position. Denying them the same will make the PC meaningless.
The case Lt. Col. Nitisha v. Union of India (2021) also represent as example of the judicial intervention when its necessary talking about the indirect discrimination which seems to be very fair but actually is one of the disadvantages to one specific gender. Equality is not actually about the same but treatment but it is the about fair treatment as when rules seem fair for one can be troublesome for the another. It is important to keep them fair in order to maintain a lawfully fair competition.
Policy Promises vs Practice
There are many policies and rules approved by the government in armed forces for benefiting woman but the reality is still falling behind in the terms of expectations. After the case Babita Puniya (2020) the woman were eligible for commanding roles and leadership position but the real question lies in whether they are getting position or not? The answer is quite disappointing. Although Woman are eligible but their appointment for the positions is rarely seen. Why? The barriers. From women’s posting restrictions to lack of acceptance and rigidity. The rules and regulation that seems fair but in reality, are the nightmare or should I call disadvantage to woman. The mindset, One of the many prominent reason due to years to assumptions, stereotypes and social roles. Many of the senior officers and units are reluctant to accept a woman in command. A 2024 letter by Lt Gen Rajeev Puri talks about the woman in command stating issues like Ego problems and lack of empathy. With woman being able to do PC in military new issues emerges initially being served as SCC now they lacked exposure to operational roles and staff courses creating an obvious leadership gap. The Equality demands not just policy change but training revision, fair positioning and a transformation not only of the mindset but the inclusivity even at the root not with rigidity but flexibility with equality in heart for the betterment of the country and people without any regards towards the gender.
Comparative Perspective
If we don’t know the rest of the world, these circumstances and disadvantages that are now the life of woman in armed forces would rather not sting that much. Looking at the global world in comparison of India makes us realise there is still so much that can do for woman in military. For Example, the United States have over 20% of military official’s woman in all services including the frontline services. Even in Israel the 33% military personals are woman under mandatory service including combat and leadership roles. This Highlights the gaps in our systems and the rigidity in armed forces. The Countries such US, UK and Israel supports changes, Anti- discrimination reforms and leadership training to ensure the fair treatment. For India these models define the gap between the reality and what the policies declares. This comparison is solely for one reason and that is the urge. The Urge for India to adapt to the best practices of all around the world solely for the betterment of the country ensuring the equal opportunity, promotion and the change.
Challenges Faced by Women Officers
Military, A place recognised with discipline, strictness and obedience. Easy is just not the word and it is not limited to one gender but then what makes it different? the additional struggles one has to ensure in order to be recognised while the people on the same position does solely based on merit and get recognized. The bias being on the most common challenges faced by women. Decades long stereotypes and the reluctance to accept woman in command. A study conducted in 2025 confirmed that there is indeed the systematic discrimination in terms of recruitment, promotion and combat roles with masculine culture often limiting women. Even though the PC has been granted the women are often denied not the opportunity but the experience to shine to be better at what they do with SCC they are already behind in years with their male officers in terms of experience. Now this rigidity pushing them even behind. Main combats like infantry are still closed for woman with frequent transfers, long deployment with no maternity support for mothers in military. What makes it even worse accommodation and medical facilities with no regard of gender sensitivity especially in areas like Siachen. Is it the end? No! Harassment and safety though the mechanism exist to report and punish and the reality and practice still falls behind. Indian Commanding woman officers around 60% now works in operational areas with their own efforts pushing through every barrier and getting recognized with Sena Medal still true equality comes from change, accountability and better facilities and environment.
Conclusion
Our Constitution has given every citizen of India some basis rights also known as fundamental rights. These Rights protects basic need of human being from food, accommodation to dignity everything and military can’t exclude or deny any rights. From article 14 to 16 constitutes advanced gender equality in Indian armed forces. With necessary judicial intervention from time to time and landmark judgements by the Supreme Court of India like Babita Puniya (2020) and Annie Nagaraj (2020) granted women the permanent commission with the same benefits as men of the position allowing women to compete for the commanding roles. However, the ground reality still has many barriers from limited command positions to lack of experience, bias and the opportunities that seems fair but atcualy just a disadvantage to one particular gender. Therefore, what we need is change, flexibility, acceptance and accountability to reform the system with time because change is necessary not because it is unfair to one gender but because it for the betterment of our county. The willingness to serve the nation rises from purpose and ability, not from gender.
Citations (India):
1. Secretary, Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469
2. Lt. Col. Nitisha v. Union of India, (2021) 7 SCC 469
3. Union of India v. Annie Nagaraja, (2020) SCC OnLine SC 896
4. Articles 14, 15 and 16, Constitution of India
This Article is written by Chetna Sharma 2nd year BA.LLB law student from IIMT University, Meerut.