JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

Index

A. Background of the dispute

B. Proposal of the Union of India

C. Submissions

D. Consequence of the policy letter dated 25 February 2019

E. Stereotypes and women in the Armed Forces

F. Consequence of non-compliance

G. Blanket restriction on criteria appointments

H. Directions

A. Background of the dispute

1. A quest for equality of opportunity for women seeking Permanent Commissions[“PC”] in the Indian Army forms the basis of these appeals. The lead appeal originated in a batch of Writ Petitions which were instituted before the High Court of Delhi in 2003 and 2006.

2. A decade and more spent in litigation, women engaged on Short Service Commissions[“SSCs”] in the Army seek parity with their male counterparts in obtaining PCs. The entry of women in the Army has a chequered history. Section 12 of the Army Act 1950, [“1950 Act”] contains, in so far as it is material, the following provisions:

“12. Ineligibility of females for enrolment or employment.-N