SC flags army’s structure that discriminates against women officers: Key points
The court t dealt a blow to the army selection board decision of November by which only 277 of 615 eligible women short-service commission officers were granted permanent commission. It allowed the remaining officers who lost out on the opportunity to get a second chance
The Supreme Court on Thursday came down hard on what it called “male for male” structures in the army that prevented several deserving women short-service commission officers from being considered for permanent commission. Here is all you need to know about the observation:

• The court held that such systems were an affront to human dignity and should change for future batches.
• It dealt a blow to the army selection board decision of November by which only 277 of 615 eligible women short-service commission officers were granted permanent commission.
• The court allowed the remaining officers who lost out on the opportunity to get a second chance.
• The court said the women officers to be considered will have to achieve the 60% merit cut-off, fulfil the medical criteria and qualify the vigilance and disciplinary clearance.
• It said the pattern of evaluation by excluding subsequent achievements of the petitioners and failing to account for the inherent patterns of discrimination that were produced as a consequence of casual grading and skewed incentive structures have resulted in indirect and systemic discrimination.
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• The court said the discrimination has caused economic and psychological harm and an affront to their dignity
• “We must recognise here that the structures of our society have been created by males and for males. As a result, certain structures that may seem to be the ‘norm’... are a reflection of the insidious patriarchal system,” the court said.
• It hit out at the criteria of benchmarking women officers against their male counterparts as indirectly discriminatory.
• The court had in February last year ruled in the favour of women being eligible for permanent commission in the army’s non-combat streams.
• As per a list supplied by the army to the court, only 422 of 615 officers fulfilled the merit and discipline criteria.
• The court said barring the 277 who got selected and 57 who opted out of permanent commission, nearly 280 women officers would have a fresh chance to be considered.
• This includes 88 officers whose results were withheld.
• In all, 86 women officers approached the court claiming that the selection board formed by the army pursuant to the court order was a rejection board that benchmarked women against men for consideration of annual confidential reports.
• Most of the women who were now aged 40-50 were required to show top medical fitness at the time of the fifth and tenth year of service when their male counterparts were considered.
• The court said some of the finest women officers who have served the Indian Army and brought distinction by their performance and achievements have been excluded by refusing to consider their achievements on the specious ground that these were after the 5th/10th year of service.
• It noted a few names of officers who received presidential honours and excelled in sporting events but were not granted permanent commission.

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