After Supreme Court's Cautioning, Indian Army Agrees To Have SSB For Promotion Of Women Army Officers

On 13 December, the Indian Army informed the Supreme Court of India that special selection board for the women officers in the Army will be commencing from 9 January 2023, when cases of approximately 246 women officers will be heard. The information was provided to a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by the Army responding to  an application filed in a plea seeking rank promotion for women army officers. 

The Court has now directed the results of the Board to be placed before it and listed the matter for further hearing on January 30, 2023.

Senior Advocate V Mohana, appearing for the petitioners had submitted that it was arbitrary for only the promotions of female officers to be withheld. Colonel Balasubramaniam, the counsel appearing for the Union of India then informed the court that the women officers will be heard. 

In its last hearing, the Supreme Court had cautioned the Army authorities (Defence Ministry) that it would pass peremptory order to ensure promotion of women army officers. It expressed concern that the authorities are not treating the women officers fairly.

"We feel you have not been fair to these officers. We are going to pass peremptory order, you set your house in order and tell us what you are doing", CJI Chandrachud had orally told the Union's counsel.

The petitioners had expressed anguish that after the order in The Secretary, Ministry of Defence v. Babita Puniya, 1200 officers (male) junior to the petitioners had been promoted, while the promotions for the petitioners who were women had been withheld. 

Earlier, Senior Advocate V Mohana had submitted that Women Short Service Commission Officers were not able to reap the benefits of the Supreme Court judgments which opened the avenues for them to seek Permanent Commission, as the selection boards for promotion had been held only for male officers. She submitted that while on the one hand, no steps have been taken to comply with the judgment of this Court dated 25 March 2021 in the case of Lt Col Nitish & ors v Union of India & Ors, the Army authorities have granted promotions to junior batches of male officers.

[Case Title: Nitisha v. Union of India MA 1913/2022 in W.P.(C) No. 1109/2020]