On Monday, the Supreme Court of India, in a landmark judgment, ordered the Union Government to grant a Permanent Commission (PC) to women officers in the Indian Army’s 10 non-combat support units. Should the women wish to continue on completion of their short-service commission (SSC), the provisions of the PC are to be at par with other male officers. The judgment also states that women must be considered for command posts on a case-by-case basis.
The order, made for the case The Secretary, Ministry of Defence v. Babita Puniya & Ors, has been hailed for being progressive and finally giving women officers their due. But, how far does this go in terms of solving the endemic issue of sexism in the armed forces?
Earlier, roles ascribed to women in the armed forces were limited to the Medical Corps, Dental Corps, and the Military Nursing Service. It was only in the early 1990s that an ordinance was issued to induct women as SSC officers in the non-combat wings of the military forces. These included the Army Service Corps, Education Corps (AEC), Intelligence Corps, Legal, Engineers, Signals, Artillery, Electrical and Mechanical Engineers (EME), the Postal Service, and the Judge Advocate General’s Department (JAG).
In October 2005, by way of a notification issued by the Ministry of Defence, the Union Government extended the validity of the Indian Army appointment scheme to women officers. Four amendments were made to the Women Special Entry Scheme (Officers) to facilitate this. In 2008, the Government allowed women in the JAG and AEC departments to be granted prospective PCs.
Despite these provisions, the Indian Government has long been skeptical of accepting women officers in permanent command roles. This opinion has been echoed by the incumbent administration earlier this month and by the newly appointed Chief of Defence Staff General Bipin Rawat, who blamed the rural upbringing of certain army officers for their reluctance to accept women as equal counterparts. The Union Government’s official report also cited the biological nature and responsibilities of women as impediments to their ability to lead cadres of the armed forces.
But, the bench of judges presiding over this case, led by Justice D.Y. Chandrachud, challenged these notions and stated that they are entrenched in stereotypical assumptions of ascribed gender roles for women. Moreover, the judgment challenged the policy decision which restricted women officers from being granted PCs, except for in staff appointments and in the JAG and AEC branches, deeming it ‘a violation of the guarantee of equality provided under Article 14 of the Constitution.’
While the new judgment has been successful in granting non-combatant women officers equal opportunities for PCs, their consequent pension schemes and other social security benefits, it may not make as much of a difference to the treatment and perception of women within the armed forces; especially in commanding roles.
Firstly, it is important to note that even though women have been in the armed forces for over two decades now, women officers make up only 13.28% of the Air Force, 6.7% of the Navy, and 3.89% of the Army. According to retired Major General Dr Mrinal Suman, women officers suffer from low acceptance from all stakeholders–from the top to bottom ranks–who consider them a burdensome problem and not suitable for service. Therefore, it is difficult to say whether the new judgment will reflect any change in recruitment or promotion patterns to see women in commanding posts unless the competency of these women is accepted not just by the men they would be leading, but also those that they would be reporting to.
It is also difficult for women officers to command respect in posts that have been traditionally held by men with experience in combat roles, who are generally perceived as being more experienced and therefore able to lead forces. Lawyers representing the Government also argued that future wars ‘were likely to be short, intense, and lethal’, referring to counter-insurgencies, non-linear battles, and other such vulnerabilities faced by Indian forces on our frontiers, thereby arguing that women, who do not have combatant experience, will be inadequate in making executive decisions regarding such matters.
However, future wars–based on new global patterns being set in place by the US with China and Iran–seem to be moving in a ‘contactless’ direction. Rather than traditional person-to-person combat, which is still prevalent without a doubt, wars are being fought using long-range precision strikes, directed energy weapons, and non-military tools like trade sanctions and resource blockades. Therefore at such a time, it is strange that human physiology and muscular strength is still being given precedence over technical knowledge and strategic capabilities.
The most common concern about women in military leadership roles is that of their physical safety being considered a liability that is difficult to protect. But, can we readily accept such an attitude from the armed forces, whose job it is to protect every citizen, regardless of differences? It is imperative to view this critique as a reluctance of the armed forces to dismantle a deeply patriarchal and masculine machinery to accommodate women and their needs, physical or otherwise.
In a written statement to the Rajya Sabha by Subhash Bhamre, former Minister of State for Defence, it was revealed that between 2015 and 2017, at least a dozen women had complained of gendered discrimination and sexual harassment in the workplace–of these, 2 were from the Air Force, 3 from the Navy, and 6 from the Army. This number seems suspiciously low. In contrast, the US Department of Defence in its 2018 Annual Report on Sexual Assault in the Military revealed that there were 6,769 incidences of sexual assault by military personnel in 2017, of which 5,864 involved victims who were fellow service members.
In the storm of the #metoo movement and the uproar in the past decade about sexual harassment at the workplace, the subject of abuse within the military has been glossed over, especially because current mechanisms allow for defence forces to deal with these cases internally without making them public knowledge. Unofficially, many former male soldiers, too, have come out with stories of brutal treatment and sexual violence by superior officers. Especially with new rules that allow women to be in command roles, there is a heightened need for transparency and accountability of the system towards their service personnel.
Lastly, a SC verdict and order can ensure that equality is provided to women officers on paper, but does not necessarily guarantee them equal treatment during their time in the army. It is definitely a positive step that women in junior ranks and career forces will now be allowed to attend the same training courses as their male counterparts, allowing them to gain the necessary skills to tenant critical appointments and higher promotions. But there is a need to include gender sensitivity training for all officers to be able to foster a conducive work environment for women, especially to tackle taboos regarding menstruation.
The question of whether or not women should be allowed in combat, or which arms and services should be allocated to them is a conversation that requires further deliberation and analysis, with an open attitude towards changing the existing hierarchies of military security and foreign policy in general. For example, if women are voluntarily willing to engage in traditional combat, the higher-ups need to find ways to encourage them to join rather than make assumptions about their marital aspirations and personal goals. This applies to the air force as well, where women are still disallowed from serving on submarines, warships, or fly fighters.
The foremost concern, however, will have to be to foster a culture of gender-sensitive norms and values that enjoin a dynamic shift in the files and ranks of the Army. We can no longer excuse men's discriminatory behaviour as natural to their upbringing or the inherent masculinity of armed security. The onus of delivering this is on political and senior military leadership, who now have no choice but to comply with the SC's progressive decision. One hopes that the Centre keeps their bigotry aside to create a conducive environment for men and women in the armed forces to excel together.
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