Existing Ships Need Modification Before Female Officers Can Be Sent On Sea Borne Missions: Coast Guard Tells Supreme Court

The affidavit affirmed by the Principal Director, Coast Guard Head Quarters,  stated that ICG, primarily a sea-going service, allocates 66% of its billets for manning afloat units, leaving only 33% for shore support units. Limited shore billets result in prolonged sea tenures for officers.  

“Hence, only 10% of shore billets/appointments were considered for the women officers for the permanent entry, as at that time it was considered that the ships were not designed to factor separate accommodation / facilities for women entry.”

To address these challenges, the ICG emphasizes the need for operational measures and a phased approach. The operational measures would involve enlarging the infrastructure to accommodate more women officers, especially on ships designed with accommodations for women. The phased approach aims to systematically implement changes to make the working conditions conducive for women officers on board ships.

Earlier, while hearing the petition, the bench led by Chief Justice of India DY Chandrachud had questioned the ICG for not granting permanent commission for women, although othe defence forces- Army, Navy and the Air Force- have started giving such relief to women following the judgements of the Supreme Court.

CJI also told the Attorney General that the argument of functional differences cannot be used in the present age to deny equal treatment to women.

Changes Required In The Working Conditions and Training

It was highlighted that the nature of Coast Guard ships, operating in isolated sea areas for extended periods, poses unique challenges. The sea conditions, including rolling and pitching, require safeguards against discomfort during duties. Additionally, the current training curriculum for women officers lacks afloat training, crucial for sea-going duties. The ICG acknowledges the need to modify training to include skills required for sea-going billets.

Infrastructure Modification and Future Plans

While 23 ships have been designed to accommodate women on board, modifications to existing infrastructure are necessary.

“The existing infrastructure of the Coast Guard related to ships and bases need modification before female officers can be sent on sea borne missions alongside male officers. It is further submitted that the older ships were much smaller in size and could not provide for separate accommodation and allied facilities for the women officers and therefore in future the ships and bases will be modified. That it is also respectfully submitted that in future Coast Guard is considering appointing women officer for the sea billets to enhance and augment the participation of women in the service.”

The ICG plans to appoint women officers for sea billets, and a Board of Officers has been constituted to examine modalities under the Agnipath Scheme. The board will suggest amendments to recruitment rules and training schedules to prepare women officers for sea service.

“One such exercise has already been under taken by the service that a Board of Officers comprising of three women officers and two Men officers as member has been constituted to examine the modalities of appointing women officers and women sailors in Coast Guard under the Agnipath Scheme and the board has been directed to suggest amendments that will be required in the Recruitment Rules and also the training schedule to equip them for sea service. Thus the stipulation of 10% for ashore billets for women officers will also be reviewed. The said board proceedings have been compiled and the recommendation of the Coast Guard will be submitted to Ministry of Defence for further consideration.”

Union Asserts Prematurity and Non-maintainability of The Present ICG Case

Addressing the case-specific aspect of the petitioner who is a SSA Women Officer, the ICG questioned the maintainability of her petition. The petitioner had previously filed a Writ Petition (No. 11019/2023) before the High Court of Delhi, seeking the quashing of her release order dated 26.05.2023 and absorption into the permanent cadre of the Indian Coast Guard.

The Writ Petition is still pending before the Delhi High Court, with the next hearing scheduled on 01.03.2024. The petitioner has raised similar concerns in the SLP, which are already under consideration by the Delhi High Court. The High Court has granted protection to the petitioner, keeping her release subject to the final outcome of the Writ Petition.

The ICG contends that the SLP is premature, as the High Court is yet to make a final determination on the raised issues. Additionally, the Supreme Court lacks the benefit of the High Court's final judgment, making the SLP challenging the interim order of the Delhi High Court non-maintainable at this stage.

Background

The woman Officer/petitioner was appointed as Assistant Commandant (General Duty-Women) in 2009. She was promoted to the post of Deputy Commandant (GD) in 2015 and to the post of Commandant (JG) in 2021. In 2021, she submitted a request for permanent absorption along with recommendations from her commanding officers.

However, a year later, the request was returned without action, on the basis that the Ministry of Defence's (MoD) letter dated February 25, 2019 (regarding the grant of permanent absorption to women officers) did not apply to ICG. Reportedly, the petitioner also communicated that no provision for permanent absorption/commission of SSA Officers existed in ICG. Rather, the procedure for induction of women officers in the permanent cadre of the GD branch existed and the PMT/SSC option had to be exercised at the time of enrolment.

In May 2023, the petitioner communicated a release order pursuant to the completion of her engagement period. Against the same, she approached the Delhi High Court. The High Court denied interim relief to the petitioner, being of the view that if the petitioner was ultimately successful, she could be directed to be reinstated retrospectively. However, if she was not successful, any period spent in continuation of service, in terms of an interim order passed, would amount to illegal usurpation of office without any entitlement thereto.

Consequently, the petitioner was released from service in December 2023. Challenging the High Court order, she approached the Supreme Court.

Case Title: Priyanka Tyagi v. Union of India & Ors., Special Leave to Appeal (C) 3045/2024