Permanent Commission denied to Women Officers due to inadequate Infrastructure : Indian Coast Guard submits before the Supreme Court of India

In a rather peculiar exchange reported by Livelaw, it appears that the Indian Coast Guard has been unable to extend the benefit of Permanent Commission to its women officers on account of "qualitative" differences between the Indian Coast Guard ("ICG") and the Indian Navy when it comes to "infrastructure". The petitioner who approached the Supreme Court of India highlighted that the ICG also denies having a policy for grant of Permanent Commission to women officers. 

The Petitioner was appointed as an Assistant Commandant (General Duty Women) in the year 2009 and subsequently was promoted to the post of Commandant (JG) in the year 2021, when she submitted her request for permanent absorption into the ICG. No action was taken on her request for over a year after which she was informed that the Ministry of Defence Letter dated 25 February 2019, which extended the grant of permanent commission to women, did not apply to the ICG and that no procedure existed for induction of women in the permanent cadre at the time of her enrolment. Consequently, the Petitioner was released in December, 2023. 

Pertinently, the petitioner has around 4500 hours of flying experience which is more than both men and women officers. She also highlighted that the ICG denied her Child Care Leave while she was in service and she had to leave her 15 month old baby behind to join service in the Andamans and Nicobar Islands during her tenure. 

While the above sad state of affairs show nothing short of pervasive institutional discrimination against women officers, the submissions by the State during the proceedings reveals a mindset problem and direct discrimination. The State blatantly submitted that permanent commission was being denied to women officers due to "certain special facilities required for women" being absent in ICG. 

Unimpressed by the above submission, the Supreme Court of India observed in no uncertain terms that "If she (Petitioner) is absorbed by them (ICG) themselves, fine. If not, we will pass an order. We can't allow an officer to be humiliated like this. From the list of eligible officers, we find she is the senior most. Let them show sportsmanship." 

On the alleged lack of infrastructure when compared to the Indian Navy, the Apex Court noted that - It (the difference) is not of such nature that they can be deprived completely" and that "Hyper-technical objections will not work. If you have a system for men officers, how can you deny [PC] to women officers?