Not military justice, but reform nonetheless

The Delhi High Court ruled yesterday that women could not be categorically barred from the Territorial Army (TA). The decision, per Acting Chief Justice Gitta Mittal, in Kalra v. Union of India, W.P. (C) No. 10498/2015 & CM No. 44852/2016 (Delhi High Ct. 2018), can be found here. It surveys cases and practices from other jurisdictions.

Conclusion 

76. Women are eligible for recruitment and appointment to the Territorial Army under Section 6 of the Indian Territorial Army Act, 1948. 

77. The respondents have failed to show any decision of policy, let alone binding policy, enabling them to deny opportunity to the women to serve in all units of the TA. No rationale has been offered to justify or sustain the action of the respondents enforcing a bar against recruitment of women through their advertisements. W.P. (C) No. 10498/2015. 

78. Even as per the Brochure printed and circulated by the respondents, all gainfully employed civilians, irrespective of their gender, who are graduates between 18 to 42 years are eligible for applying for consideration for appointment to the TA. 

79. So far as the prohibition notified in the Advertisements with regard to employment of women is concerned, the same is not supported either by statute or by any policy document placed on record. 

80. The impugned advertisements imposing a blanket bar on appointment of women to both departmental and non-departmental battalions of the TA without any credible, reasonable or compelling justification for imposing such restrictions. The restriction of enrolment of women contained in the impugned advertisements and the claimed policy is neither reasonable nor rational and has to be quashed. 

Result 

81. It is declared that 'any person' mentioned in Section 6 of the Territorial Army Act, 1948 includes both males as well as females.

82. The impugned advertisements to the extent they exclude women from appointment to the Territorial Army and the claimed policy in this regard are ultra vires of Articles 14, 15, 16 and 19(1)(g) of the Constitution of India and are hereby quashed. 

83. The writ petition is allowed in the above terms.

Thanks to Global Military Justice Reform contributor Major (Ret) Navdeep Singh for calling the case to the Editor's attention.