The medical fitness requirement for women to get Permanent Commission in the Indian army is “flawed” and “irrational”, the Supreme Court said on Wednesday, March 24, while pronouncing verdict on petitions filed by 80 women officers for permanent commission in the army.

“We must recognise here that the structure of our society has been created by males, for males,” the apex court said, reported NDTV.

The top court held that the army’s selective Annual Confidential Report (ACR) evaluation and delayed implementation of the medical fitness criterion discriminates against women officers and causes economic and psychological harm to short service commission women officers.

The court also ordered contempt proceedings against those who had failed to comply with the court’s previous judgment.

The evaluation criteria for the grant of permanent commission to women officers ignored the achievement and laurels brought by them to the Indian Army,” the court said, adding, that “it looks like the Board was sitting for rejection rather than selection.”

The court also observed that trials of army life become more difficult when society gives women the responsibility for child care and domestic work too.

The Supreme Court in February 2020 had permitted women officers in the Army to be eligible for command positions at par with male officers, saying that the government’s arguments against it were “disturbing” and based on stereotypes. The court also said that the Permanent Commission would be available to all women, irrespective of their years of service.

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