Sanjay Kishan Kaul, J .-"Nature gave women too much power; the law gives them too little." observed Will Henry, American political adviser and columnist. The claim of women to the right to serve in the Armed Forces has been and is a matter of debate in various countries. The denial of such right is pleaded to be a case of gender discrimination. This is more so as the modernization of the Armed Forces has resulted in lesser reliance on a hand-to-hand combat. The debate in each country is coloured by its own social and cultural norms and ethos. In some of the countries women have now been inducted into combat force while in other countries the induction has been restricted to support services to actual combat.

2. The second limb of the claim is for the right to Permanent Commission (for short "PC"). In India the progress in this behalf has been slow on the perceived ground of social norms. There has been induction of women into certain restricted areas of the Armed Forces and that too on a Short Service Commission (for short "SSC") basis. The Government is stated to have carried out studies for grant of PC to women but till date it has not received a favourable response.

3. We are here concerned with women officers who were granted SSC in the Air Force and in the Army and who seek Pc. These officers have had long stints albeit on SSC basis extended from time-to-time to as much as 14 years. The consequence of not being granted PC is that these officers are deprived of certain benefits and privileges, which would have enured to them in case of grant of PC like pension, ex-serviceman status, medical facilities, etc.

4. We had issued directions from time-to-time so that the respondents themselves could examine the issue of grant of PC and pursuant thereto a policy decision dated 26.9.2008 was taken in terms whereof the President of India had been pleased to sanction the policy for offer of PC prospectively to SSC (Women) officers in the JAG Department and the Army Education Corps (AEC) of the Army and their corresponding Branch/Cadre in Navy and Air Force, Accounts Branch of the Air Force and Naval Constructor of the Navy in addition to current provisions of grant of PC to SSC (Men) officers. This step undoubtedly was a progressive one but we were of the view that the matter needed to be further examined as to why women personnel who are still in service could not get the benefit of the change of policy as also the women officers who had approached this Court by filing of petitions but retired during the pendency of those petitions. In fact, the learned Solicitor General of India also took up this matter but no solution was found possible and thus the claims of the petitioners are required to be decided on merits.

5. The principles of law governing the cases is identical but the factual matrix is slightly different in respect of women officers on SSC in the Air Force and in the Army. It is, thus, necessary to deal with their factual matrix separately.

AIR FORCE:

6. Our country moved towards the induction of women in the Indian Air Force by a circular dated 25.11.1991 issued by the Ministry of Defence, Government of India, in the Non-Technical Ground Duty Branches (as SSC Officers), which reads as under:

"Sir,

1. I am directed to convey the sanction of the President for inducting women in the officer cadre of Non-Tech Ground Duty branches of IAF from 1992 on an experimental basis for 5 years which is to be reviewed thereafter.

2. The intake of women in the officer cadre would be restricted to 10% of the officer vacancies in respect of Adm, Log., Accts, Met. & Edn. Branches of the IAF.

3. The induction of trainee women officers would be forecast and planned well in time. The women officers would be initially granted SSC for a period of 5 years. At the end of the SSC tenure, PC would be offered to willing officers, subject to their suitability. However, women officers unwilling for PC, but seeking an extension, would be granted extensio