Won’t allow woman officer to be humiliated: Supreme Court to Centre

The Supreme Court on Wednesday told the Centre to review its “arbitrary denial” of permanent commission to a woman coast guard officer within two weeks, observing that the government’s inaction to provide for gender-friendly infrastructure cannot be a ground to “humiliate a meritorious officer”.

A bench comprising Chief Justice of India (CJI) Surya Kant, justices Joymalya Bagchi and V Mohana was hearing a petition filed by commandant Priyanka Tyagi, who joined as a short service appointment (SSA) officer in 2009.

“We will not allow an officer to be humiliated in this manner. Show some sportsmanship. She is an excellent officer. We will give you two weeks. Consider in the meantime or else we will pass an order,” the bench said.

Tyagi completed 17 years in service after the apex court in April 2024 permitted her to continue beyond the 14-year service stipulation under short service commission (SSC).

Attorney General R Venkataramani, representing the Centre, told the court that a major policy decision taken last month now permits permanent commission for women officers.

“Can you deny permanent commission only on the ground that you do not have a policy?” the bench asked the top law officer. “She has continuously been serving with you for so many years. Since 2021, she has been applying and even recommended by her superior officers. She is excellent on merit and till today, you are not coming forward with an offer of permanent commission for her.”

Venkataramani said the option is not foreclosed as she can apply under the new policy. “I am also vocal about gender justice as our heart is no different from yours when it comes to these issues. But she had a choice to apply for permanent commission or SSA when she joined,” he said.

“What about men?” the court asked. “Don’t you have permanent commission for men? Let us not go into this hyper technical objection that she did not apply as it won’t work. What else can be the reason to deny women other than the fact that you have infrastructure only for men…it is a case of arbitrary denial,” the bench added.

The AG said the coast guard is functionally and operationally different from the Navy or any other defence forces. Denying that it was a gender-related issue, the law officer added that the Coast Guard has its own limitations and it is important for the court to take into account the history and peculiarities of Coast Guard.

Advocate Siddhant Sharma, appearing for Tyagi, told the court that if she applies afresh under the new policy, she will be rejected. The policy, he pointed out, requires officers to undertake several tests which are meant to be taken by officers after the eighth year of SSA. Tyagi has completed 13 months of flying training to qualify as a navigator and has the highest-flying hours as per her seniority, about 4,500 hours on the Dornier Aircraft, he said. She was selected twice to participate in international exercise as a detachment commander and was part of the first ever all-women crew deployed in the Eastern Region for Maritime Patrolling, Sharma added.

The court told the attorney general: “Her prayer may not be in sync with your policy but she has been promoted and even recommended for permanent commission by her superiors. Instead of asking her to apply afresh, just absorb her. Do these facts not merit a more enlarged consideration by you?”

Tyagi joined as assistant commandant in December 2009, just weeks after the Assistant Commandant Woman (General Duty) Short Service Recruitment Rules were published, denying women officers the option to change over to permanent entry scheme.