EDITOR'S NOTE
This article by Gp Capt AG Bewoor was written over 3 years back when the Supreme Court judgment in favour of women entry into NDA was made, leading to publishing of several articles and debates on this subject . The article is being published now due to its present relevance of the subject and intricately linked issues due to recent news on performance of women COs in the Army .
1. Can the Judgment be Implemented? We have not understood the implications
of the Supreme Court (SC) order on giving Permanent Commission (PC) to women and entitling them to be Commanding Officers (CO). There is jubilation.
The basis for the judgment is the Constitution which enshrines equality without bias of gender, caste, religion and so on. Like all SC rulings this one will be studied, affected departments will work out methodologies to implement. The SC never goes into the nuts and bolts of how their judgments will be carried out; they give a ruling based on the law, and on what courts of other countries have done on the same issue. Sad, but that is how it is. Can the Executive convert a judgment into implementable action? Take the SC ruling of 2018 that Delhi can only burn Green Fire Crackers. The judgment was widely violated, and the SC could do nothing about it. How many people will they hold in contempt?
Comentários