Judiciary has to be ‘flag bearer’ & march with nation, says SC

NEW DELHI: Observing that the judiciary has to be the “flag bearer” and march with the nation, the Supreme Court on Monday pulled up the Indian Coast Guard (ICG) over the treatment meted out to a woman, who was discharged as a short service commission officer in 2021, and ordered the maritime force to re-induct her.

Coming down hard on the ICG for resisting grant of permanent commission to women officers, a bench headed by Chief justice D Y Chandrahud referred to the top court’s verdicts on grant of permanent commission to women officers in the Army, Air Force and Navy and said that the discrimination has to end.

“We have to be the flag bearers and march with the nation. Earlier women could not join the bar, be fighter pilots,” said the bench, which also comprised justices JB Pardiwala and Manoj Misra, adding that resistance to the move to attain gender equality has to go.

“Is this the way you people treat your women officers?” the bench said while ordering the ICG to take back Priyanka Tyagi into the force.

The bench directed the ICG to re-induct Tyagi to the post which she occupied on the date of discharge from the service in 2023.

“Till further orders, the petitioner shall be assigned a significant posting commensurate with her qualifications…,” it ordered.

The top court also transferred to itself the pending plea of Tyagi from the Delhi High Court.

Tyagi has sought permanent commission to eligible women short service commission officers of the ICG.

The bench did not agree with Attorney General R Venkataramani’s contention that comparing ICG to the Army, Navy and the Air Force was misconceived.

“We have already given our judgments in matters related to Permanent Commission in the Army, Navy and the Air Force. The Indian Coast Guard unfortunately continues to remain an outlier… Look at the resistance for a woman joining the Coast Guard,” the CJI observed.

The attorney general said he was not opposed to gender equality and was only referring to the facts of the case and the preparedness of the force to go about the changes.

“I am not resisting anything at all. I am not under resistance by them. But I am only looking at what’s called the orderly process structuring a certain institutional transition and how we are to manage that,” the top-most government law officer said.

The CJI noted earlier it was said that women are “not good enough to join the Navy because there were no toilets for women in the Navy, but now they’ve joined the Navy…”

The ICG had earlier said it is committed to incrementally inducting more women officers.

It had, however, told the bench that the present recruitment rules related to short service commission officers specifically provide that they cannot seek permanent commission.

Observing that women cannot be left out, the bench had asked the Centre to ensure they are granted permanent commission in the Coast Guard.

While seeking the response of the Centre and the maritime force, the top court had said, “All these functionality arguments do not hold water in the year 2024. Women cannot be left out. If you do not do it, we will do it. So take a look at that.” “You speak of ‘nari shakti’ (woman power). Now show it here. You are in the deep end of the sea in this matter. You must come up with a policy which treats women fairly,” the bench had observed then.

The bench said the petitioner was the only SSC woman officer who was opting for permanent commission and asked why her case was not considered.

“Now, the Coast Guard must come up with a policy,” the bench said..