HomeNationSupreme Court Strikes Down Indian Army’s Gender-Biased JAG Vacancy Policy, Orders Gender-Neutral...

Supreme Court Strikes Down Indian Army’s Gender-Biased JAG Vacancy Policy, Orders Gender-Neutral Recruitment

New Delhi: The Supreme Court on Monday struck down the Indian Army’s policy that reserved more vacancies in the Judge Advocate General (JAG) department for men than for women, calling it “arbitrary” and a violation of the Right to Equality. The court directed the government to induct one of the two women petitioners into the JAG department and to issue a combined merit list for all candidates regardless of gender.

A bench comprising Justices Manmohan and Dipankar Datta said the policy of allocating six seats for men and only three for women went against the 2023 recruitment rules and amounted to discrimination. “The executive cannot reserve vacancies for men. The seats of six for men and three for women are arbitrary and cannot be allowed under the guise of induction,” the court said.

The court emphasized that the true meaning of gender neutrality is to select the most meritorious candidates without restrictions based on gender. It directed the Centre to conduct recruitment in a gender-neutral manner and publish a combined merit list that includes both male and female candidates, reflecting fairness and equality.

In a landmark ruling, the court ordered that at least 50 percent of the vacancies should be allocated to women candidates to compensate for previous exclusion, but rejected any policy that limits women to half the seats if they have higher merit than male candidates. The judgment noted that restricting seats for women violates their right to equality and undermines the integrity of the institution.

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