"We Can't Manage Army Operations": Supreme Court Dismisses Plea Alleging Gender Discrimination In Military

The Supreme Court on Friday (22 September) dismissed a plea that alleged gender discrimination against women officers regarding their command assignments in the Army (Nitisha vs Union of India).

The Court clarified that it does not have the authority to manage the Army's operations but can only step in when matters involve legal principles.

A bench consisting of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, was informed by Senior Advocate Meenakshi Arora that male junior officers were leading Army units, while women Colonels were limited to commanding only Companies, which are typically overseen by officers below the rank of Colonel.

"This amounts to a significant indignity for these officers," she argued.

The CJI acknowledged the seriousness of the issue but stressed that the court's role does not encompass direct oversight or interference in the Army's operational decisions.

He underscored that the Court's jurisdiction is limited to matters of legal principles.

"We cannot, however, manage the Army's operations or dictate how Companies within the Army are commanded. We can intervene when it pertains to legal principles, but we certainly cannot administer the Army's affairs," remarked the CJI.

Nevertheless, he requested Attorney General (AG) R Venkataramani to investigate the complaint, a request to which the AG consented.