On Army’s submission that it’s a policy decision, the top court says that this policy decision is based on “gender discrimination”.
Supreme Court orders allowing women to take the National Defence Academy (NDA) exam scheduled for November 14th. The Apex Court says that admissions will be subject to the final orders of the court. Supreme Court slams Army for not allowing women to take part in NDA exams. On Army’s submission that it’s a policy decision, the top court says that this policy decision is based on “gender discrimination”.
A writ petition was filed by Kush Kalra seeking permission for women to sit for the NDA entrance exam. The petition raised the issue of violation of Articles 14, 15, 16 and 19 of the Constitution of India by denying the opportunity to eligible women candidates to join NDA.
“Eligible and willing female candidates are not allowed to take the said examination (of NDA and Naval Academy) on the sole ground of their sex…and this act of discrimination is a dishonour committed by the respondents to the Constitutional values of equality (Article 14); Article 16 (equal opportunities in matters of public employment); Article 19 (freedom to practice a profession), and non-discrimination (Article 15) in the Constitution of India”.
The petitioner was represented by Senior Advocate Chinmoy Pradip Sharma, along with Advocates Mohit Paul, Sunaina Phul and Irfan Hasieb.
During the hearing, the Centre said, “Women are being granted equal opportunity in the armed forces in the avenues that have been opened up for employment of women. There is no violation of any fundamental right merely on account of the mode of entries available to men and women to join the armed forces.”
In addition to Kalra’s petition, SC is also considering a petition filed by Kailas Udhavrao More seeking admission of girls into the century-old Rashtriya Indian Military College at Dehradun from this academic year. This college is run solely for boys by the ministry of defence.