New Delhi, Observing that the judiciary has to be the "flag bearer" and stand with the nation, the Supreme Court on Monday pulled up the Indian Coast Guard (ICG) over its treatment of a woman, who was described as a noisemaker. Was given leave. Service Commissioned Officer in 2021, and ordered to rejoin him to the Marine Force.
Coming down hard on the ICG for opposing grant of permanent commission to women officers, a bench headed by Chief Justice DY Chandrahood cited court judgments on grant of permanent commission to women officers in the Army, Air Force and Navy and said it There is discrimination. It has to end.
“We have to be the flag bearers and walk with the nation. Earlier women could not join the bar, could not become fighter pilots,” said the bench, also comprising Justice JB Pardiwala and Justice Manoj Mishra, adding that it would have to oppose the move to achieve gender parity.“Is this how you guys treat your female officers?” The bench said this while ordering the ICG to take Priyanka Tyagi back into the force.
The bench directed the ICG to reinstate Tyagi in the post she held till the date of her superannuation in 2023.
"Till further orders, the petitioner will be assigned an important post commensurate with his qualifications..." the order said.
The top court also transferred Tyagi's pending petition from the Delhi High Court to itself.
Tyagi has demanded permanent commission for eligible women short service commission officers of ICG.
The bench did not agree with Attorney General R Venkataramani's contention that it was wrong to compare the ICG with the Army, Navy and Air Force.“We have already given our decisions in matters related to permanent commissaries in the Army, Navy and Air Force. “Unfortunately, the Indian Coast Guard continues to remain segregated… Look at the opposition to the induction of a woman in the Coast Guard,” the CJI said.
The Attorney General said he was not opposed to gender equality and was merely referring to the facts of the case and the force's preparedness for the changes.
“I am not opposed to anything. I am not against them. But I am only focusing on what is called the systematic process that structures a certain institutional change and how we have to manage it,” the top government law official said.The CJI said it was earlier said that women were "not good enough to join the Navy because there were no toilets for women in the Navy, but now they have joined the Navy...".
The ICG had earlier said it was committed to inducting more women officers.
However, it had told the bench that the present recruitment rules relating to Short Service Commission Officers specifically provide that they cannot see permanent commission.
Noting that women cannot be left out, the bench had asked the Center to ensure that they are given permanent commission in the Coast Guard.
Seeking the response of the Center and the maritime force, the top court had said, “All these functional arguments have no merit in the year 2024.Women cannot be left out. If you don't do it, we will do it. So take a look at that."
The bench had then said, “You talk about ‘women power’. Now show it here.You are at the end of the ocean in this matter. You should make a policy that treats women fairly."
The bench noted that the petitioner was the only SSC woman officer opting for permanent commission and asked why her case was not considered.
“Now, the Coast Guard will have to formulate a policy,” the bench said.''
Coming down hard on the ICG for opposing grant of permanent commission to women officers, a bench headed by Chief Justice DY Chandrahood cited court judgments on grant of permanent commission to women officers in the Army, Air Force and Navy and said it There is discrimination. It has to end.
“We have to be the flag bearers and walk with the nation. Earlier women could not join the bar, could not become fighter pilots,” said the bench, also comprising Justice JB Pardiwala and Justice Manoj Mishra, adding that it would have to oppose the move to achieve gender parity.“Is this how you guys treat your female officers?” The bench said this while ordering the ICG to take Priyanka Tyagi back into the force.
The bench directed the ICG to reinstate Tyagi in the post she held till the date of her superannuation in 2023.
"Till further orders, the petitioner will be assigned an important post commensurate with his qualifications..." the order said.
The top court also transferred Tyagi's pending petition from the Delhi High Court to itself.
Tyagi has demanded permanent commission for eligible women short service commission officers of ICG.
The bench did not agree with Attorney General R Venkataramani's contention that it was wrong to compare the ICG with the Army, Navy and Air Force.“We have already given our decisions in matters related to permanent commissaries in the Army, Navy and Air Force. “Unfortunately, the Indian Coast Guard continues to remain segregated… Look at the opposition to the induction of a woman in the Coast Guard,” the CJI said.
The Attorney General said he was not opposed to gender equality and was merely referring to the facts of the case and the force's preparedness for the changes.
“I am not opposed to anything. I am not against them. But I am only focusing on what is called the systematic process that structures a certain institutional change and how we have to manage it,” the top government law official said.The CJI said it was earlier said that women were "not good enough to join the Navy because there were no toilets for women in the Navy, but now they have joined the Navy...".
The ICG had earlier said it was committed to inducting more women officers.
However, it had told the bench that the present recruitment rules relating to Short Service Commission Officers specifically provide that they cannot see permanent commission.
Noting that women cannot be left out, the bench had asked the Center to ensure that they are given permanent commission in the Coast Guard.
Seeking the response of the Center and the maritime force, the top court had said, “All these functional arguments have no merit in the year 2024.Women cannot be left out. If you don't do it, we will do it. So take a look at that."
The bench had then said, “You talk about ‘women power’. Now show it here.You are at the end of the ocean in this matter. You should make a policy that treats women fairly."
The bench noted that the petitioner was the only SSC woman officer opting for permanent commission and asked why her case was not considered.
“Now, the Coast Guard will have to formulate a policy,” the bench said.''
