Can't exclude women: Supreme Court on Judge Advocate General recruitments
The Supreme Court on Wednesday came down heavily on the government over the gender disparity in appointments to the Judge Advocate General (JAG) branch of the Army, questioning how the post could be termed gender-neutral when vacancies continue to be bifurcated into male and female categories.'Once women are allowed in JAG, why is a discrimination being made by being posted in A or B area, and why can't they be deployed everywhere,' the bench asked, underlining the need for equal opportunity across all postings.advertisementHearing a challenge to the JAG entry notification, the court pointed to the clear inequality in the vacancy distribution—six posts reserved for men and only three for women. It also raised strong objections to the restricted deployment of female JAG officers in combat or frontline zones.
The government, represented by the Additional Solicitor General (ASG), defended the policy by saying that women are not deployed in such zones because the government does not want them to become Prisoners of War. He argued that it was a policy decision, not discrimination.While acknowledging that female JAG members are combatants, the ASG cited the Balakot strike as an example of their vital contributions. 'Women are playing a very important role in the back...,' he said, stressing that while the face of warfare is changing, it doesn't negate the continued requirement for a male-dominated fighting force.advertisementThe court, however, questioned this reasoning and remarked, 'How in today's time can 50% of the population be asked to not enter one area?' Emphasising the need for inclusive mobilisation, the bench said, 'You cannot exclude them and then say only the men will fight.''In a country of such magnitude with a large population and so many hostile countries around, the entire nation is needed to be mobilised, especially in JAG where women are performing really well,' the court observed.Addressing concerns of merit, the bench clarified, 'We are not saying that a person who is less deserving should get in, but people on lower merit can't be taken only because of gender.''We don't think Army needs such sort of philosophy,' the court concluded.Tune InTrending Reel
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