In the case of Secretary, Ministry of Defence v. Babita Puniya, the Supreme Court of India addressed the issue of gender discrimination within the defence service. The case was regarding the denial of permanent commission and pension benefits to women officers in the Indian Army’s Short Service Commission scheme. The Supreme Court decided in favour of Babitha Puniya and other female officers, holding that the denial of permanent commission to women officers violated their fundamental rights under the Indian Constitution, including the right to equality and non-discrimination. The court pointed out the need to eliminate gender-based stereotypes and promote gender equality within the defence service. Furthermore, the court directed the Ministry of Defence to give permanent commission and pension benefits to women officers in the SSC scheme on par with their male counterparts, thereby setting a precedent for gender equality and inclusivity within the Indian armed forces. This case sets a precedent for gender inclusivity within male-dominated institutions, paving the way for greater representation and opportunities for women in the defence service. In essence, Secretary, Ministry of Defence v. Babita Puniya demonstrates the intersection of feminist jurisprudence and gender justice, reaffirming the commitment to dismantling systemic barriers and advancing the cause of gender equality in India.
Citation | 2020 7 SCC 469 |
Name of the Court which decided the case | Supreme Court of India |
Bench | Dr. D.Y. Chandrachud and Ajay Rastogi |
Legislations | Constitution of India, Army Act, 1950 |