Offering Permanent Commission To Women Officers Not Only About Equality But Also About Recognizing Their Unique Skills: Justice Hima Kohli

Supreme Court judge, Justice Hima Kohli on Saturday said that offering Permanent Commission to women officers is not just about fair play and equality but also about recognizing the unique skills and abilities they bring to the Armed Forces, which is a different set of experiences and skills.

“Indian Armed Forces is showcased as a profession that welcomes diversity and recognizes the contributions of all its members, regardless of their gender.   This will inspire the next generation of women to breakdown gender barriers,” the judge said while lauding Supreme Court's decision for Permanent Commission for women who were earlier offered only Short Service Commissions.

Justice Kohli was speaking at a seminar organized by Institute of Military Law on the theme “On Evolution and Future of Military Jurisprudence – An Indian Army Perspective.”

The judge said that the decision of offering Permanent Commission to women has opened up a whole new world of opportunities for young and aspiring women who are actively considering the option of pursuing a career in the Armed Forces.  

“Now, they have an assurance that their careers need not be curtailed midstream but could blossom into a Permanent Commission, if they meet the benchmark,” she said.

Justice Kohli added: “By offering women Permanent Commission, a message goes out is loud and clear that the Armed Forces value the contribution of women; that the Organization is committed to providing women with same opportunities for career advancement as their male counterparts; that it recognizes the fact that women have amply demonstrated their commitment, dedication and professionalism in serving the nation.”

The judge said that seeing women in positions of importance and at commanding posts itself is a signal to all those young women in the society that they can not only serve in the Armed Forces, but can lead from the front.  

Justice Kohli also spoke about the efficacy of the existing investigating mechanism and the need for reform in the military justice system. She said that the investigating mechanism entails multiple pre-trial procedures which are time consuming and also slows down speedy dispensation of justice.

“It is critical to take a closer look at the manner in which evidence is marshalled by the investigating agencies at the pre-trial stage and thereafter, during the course of the trial.  With the advent of Artificial Intelligence, advance technology, social media and metaverse, oral, documentary or material evidence, as was understood in the traditional legal framework, is no longer sufficient. It is time to update oneself by harnessing technology to establish the authenticity of the evidence, sound tracing of source, proper chain of custody and forensic analysis,” the judge said.

Justice Kohli said that there can be a reform by recognizing the best practices adopted in civil and criminal jurisprudence in the country and adapting them appropriately to the Military legal system with the object of speedy and efficient dispensation of justice.

She also said that a separate structure of justice dispensation in the Armed Forces is necessary as it allows for swift and decisive action to be taken in cases where the Armed Forces are required to maintain order and discipline.  

"In such situations, delays and frequent adjournments can be detrimental to the very functioning of the Organization. Trials must, therefore, be conducted in a time bound manner and decisions be predictable in the interest of order and uniformity," Justice Kohli said.

Furthermore, the judge added that the punishment imposed by Military Courts are generally more severe than those imposed by Civilian Courts, which is a reflection of the unique demands and grave responsibilities on the shoulders of those who are serving in Armed Forces.

“The Military justice dispensation must ensure that the Rule of Law and the principles of natural justice are adhered to at every step of any trial conducted by Military courts. The right to an impartial trial is critical to ensure that in a trial or proceeding related to a member of the Armed Forces, he/she receives a fair hearing and that the outcome of the case is not predetermined.  Any lack of impartiality or opaqueness in the decision-making process will result in undermining the very fairness of the trial,” Justice Kohli said.

She further said that virtual hearing facility can be utilized for conducting Court martials and summary trials where witnesses who are required to depose and would otherwise have to be physically summoned, can log in virtually from any part of the country and arguments can also be addressed on virtual platform.  

Justice Kohli also said that it is imperative that the benefit of judicial decisions, whether on the aspect of postings, promotions, housing matters or time bound transfers, pay revisions and other service-related matters, is extended to all similarly placed personnel across the board.  

“This will not only avoid unnecessary and avoidable heart burn for the aggrieved party but also save time, money and human resource for the Organization,” she said.