India

Chief Justice Calls on Centre to Demonstrate “Women Power” in Coast Guard Decision

The Supreme Court has criticized the Centre for adopting a “patriarchal” stance regarding the issue of granting permanent commission to women in the Coast Guard, questioning why the force should differ from the Army and Navy, which have already implemented such policies.

During a hearing on Monday regarding a petition filed by Priyanka Tyagi, a woman Coast Guard short service appointment officer, Chief Justice DY Chandrachud emphasized the need for the government to demonstrate its commitment to “women power.” He stated that if women are capable of protecting the borders, they are equally capable of safeguarding the coasts. The Chief Justice expressed disbelief at the Coast Guard’s reluctance to include women, especially when other branches of the military have embraced gender inclusion.

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The bench, comprising Justices JB Pardiwala and Manoj Misra, responded to the argument presented by Additional Solicitor General Vikramjit Banerjee, who suggested that the Coast Guard operates in a distinct domain compared to the Army and Navy. The bench countered by stating that traditional notions barring women from the Coast Guard are outdated, emphasizing the need to uphold principles of equality highlighted in the Supreme Court’s Babita Punia judgment from 2020.

In the Babita Punia judgment, the court directed the Army to grant permanent commissions to women officers, rejecting arguments based on “physiological limitations and social norms” as discriminatory and contrary to the principle of equality.

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Priyanka Tyagi, who was part of the first all-women crew deployed to maintain Dornier aircraft in the Coast Guard’s fleet, has petitioned for parity with male officers regarding permanent commission. Despite her contributions, Tyagi was released from service in December after being denied consideration for permanent commission, with the Delhi High Court refusing interim relief.

Senior Advocate Archana Pathak Dave, representing Tyagi, underscored the fundamental right to equality, advocating for the promotion and commissioning of women personnel in the Coast Guard, mirroring the practices in the Army.

The Supreme Court’s scrutiny underscores the imperative for gender equality and inclusion within the Coast Guard, aligning with broader societal shifts towards gender parity in traditionally male-dominated sectors.

Naiteek Bhatt

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