‘Why not women?’ SC slams Coast Guard over permanent commission denial

The Supreme Court on Wednesday came down heavily on the Indian Coast Guard (ICG) for not granting permanent commission to a female officer, saying "we will not allow women officers to be humiliated".

Terming the policy released by the Indian Coast Guard on Tuesday as "vague" and "arbitrary", a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana gave two weeks to the ICG to take a call on the induction of officer Priyanka Tyagi as a permanent commission officer or the court would pass orders for her absorption.

"The policy is vague and appears to be arbitrary. The entire effort is to reject. Tomorrow you will say height is not correct and weight is not appropriate," the bench said.

It said hyper-technical objections will not work.

"If you can give permanent commission to males, then why not to women officers? We will not allow the women officers to be humiliated in this fashion," the bench said.

SC gives Coast Guard two weeks to decide

It told Attorney General R Venkataramani, appearing for the ICG, that the court is giving two weeks to it to take a decision and then it will pass an appropriate order.

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"If you can do it in two weeks, fine; or we will pass orders for her absorption," the bench said as it reserved its decision on the plea of Tyagi for consideration as permanent commission officer.

CJI Kant said, "Show some sportsmanship. Take a decision in two weeks."

Tyagi, a Short Service Appointee (SSA) officer having completed more than 14 years in service, approached the court for grant of permanent commission after being denied by the authorities and instead was directed to be released from service.

Officer has over 4,500 flying hours

The top court in 2024 directed the ICG to reinstate the officer, who was part of the first-ever all-women crew on a Dornier airplane deployed in the eastern region of the country for undertaking maritime patrolling as captain of the aircraft.

Advocate Siddhant Sharma, appearing for the officer, who took charge in the unit at Andaman and Nicobar on Wednesday, said that the ICG came out with a policy on grant of permanent commission on Tuesday but it was very vague and arbitrary.

Sharma contended that the petitioner has the highest flying hours according to her seniority in all the forces, including male and female, with around 4,500 hours on the Dornier aircraft and has heroically saved more than 300 lives at sea.

CJI Kant told Venkataramani that when she has been continuously serving the ICG for 14 years, then how can the ICG deny permanent commission to the officer.

Coast Guard cites infrastructure constraints

The AG told the bench that the ICG's history has to be taken note of and there are certain limitations in facilities for women officers unlike the Navy, where infrastructure is there for long.

"You can't travel in a boat. For all of them, we can't create posts overnight. Infrastructure is fundamental; if you don't have it, how can you induct women officers?

"Certain facilities are required for women officers. Now modern ships are being acquired. Facilities are being created. We will see how that goes," he said.

CJI Kant again questioned the AG and said when male officers were granted the permanent commission, why female officers cannot be given it.

"You can't take advantage of your own inaction. These hyper-technical objections will not work," the bench told the AG.

The AG further submitted, "Don't consider this as a gender issue. Infrastructure has to be developed keeping in mind a lot of factors. This is not a case of arbitrary denial. There is no gender insensitivity."

Justice Bagchi observed that the woman officer had been recommended all along by her superiors and the ICG should have considered her for the permanent commission.

The bench deferred the hearing in the matter and posted it for hearing after two weeks.

SC had earlier ordered Tyagi's reinstatement

On April 8, 2024, observing that the judiciary has to be the "flag bearer" and march with the nation, the top court pulled up the ICG over the treatment meted out to Tyagi and ordered the maritime force to re-induct her.

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Coming down hard on the ICG for resisting the grant of permanent commission to women officers, the top court referred to its earlier verdicts on the grant of permanent commission to women officers in the Army, Air Force and Navy and said that the discrimination has to end.

"We have to be the flag-bearers and march with the nation. Earlier, women could not join the bar, be fighter pilots," it had said, adding that resistance to the move to attain gender equality has to go.

The top court directed the ICG to re-induct Tyagi to the post which she occupied on the date of discharge from the service in 2023.

The apex court had transferred to itself the pending plea of Tyagi from the Delhi High Court as it disagreed with Venkataramani's contention that comparing ICG to the Army, Navy and the Air Force was misconceived.

Observing that women cannot be left out, the top court had asked the Centre to ensure they are granted permanent commission in the Coast Guard.