The Supreme Court on Monday struck down the Indian Army’s policy reserving more JAG vacancies for men than women, calling it ‘arbitrary’ and violative of the Right to Equality. The court directed the Centre to induct one of the two women petitioners into the JAG department and issue a combined merit list for men and women candidates.
What did the apex court say?
Delivering the verdict, Justice Manmohan said the executive cannot reserve vacancies for men under the guise of induction. The policy of allocating six seats for men and only three for women in the JAG (Judge Advocate General) department was termed “arbitrary” and contrary to the 2023 recruitment rules."The executive cannot reserve vacancies for men. The seats of six for men and three for women are arbitrary and cannot be allowed under the guise of induction," a bench of Justice Manmohan and Justice Dipankar Datta said.
"The true meaning of gender neutrality and 2023 rules is that Union shall select the most meritorious candidates. Restricting the seats of women is violative of right to equality,” the court said.
The bench directed the Centre to conduct recruitment in a gender-neutral manner and publish a combined merit list that includes both male and female candidates. This, the court said, reflects the “true meaning of gender neutrality” by selecting the most meritorious candidates irrespective of gender.
"To compensate women for their previous non-enrollment, the Union of India shall allocate not less than 50 per cent of the vacancies to women candidates. However, to restrict women to 50 per cent of the seats... despite being meritorious than the male candidates is violative of the right to equality...," the court further said.
Relief to one petitioner, not both
The court ordered the induction of the first woman petitioner into the JAG department but denied relief to the second, citing her merit position.“Restricting seats for women is violative of the Right to Equality,” the court noted, adding that such policies undermine fairness and weaken institutional integrity.
