‘Why so patriarchal’: SC raps Centre over female Coast Guard officer’s plea

The Supreme Court on Monday (February 19) was emphatic in its condemnation of the “patriarchal attitude” of the central government in denying permanent commission for women officers in the Indian Coast Guard.

The three-judge bench led by the Chief Justice of India DY Chandrachud was hearing the plea of a woman officer, Priyanka Tyagi, in the Short Service Commission in the Coast Guard. She was denied a permanent commission despite 14 years of service in the Coast Guard.

“You speak of Nari Shakti, Nari Shakti. Now show it here. You’re in the deep end of the sea, in this matter. You must come up with a policy which treats women fairly… After 2009, no woman has been inducted… Why are you being so patriarchal? You don’t want to see the face of women in the Coast Guard?” said the CJI addressing the union government.

'Show commitment to women power'

The bench, also comprising Justices JB Pardiwala Manoj Misra, said that if women can protect the country’s borders, they could also protect the coasts. The bench observed that the government keeps talking about “women power”, and it was time that it showed its commitment to the concept.

The CJI pointed out that all three branches of the defence force – army, navy, and air force – were now granting permanent commissions to women, and said, “Out of the four women in her batch, she is the only one who is opting for permanent commission. Clearly now the Coast Guard must come up with a policy.”

Representing the union government, the Additional Solicitor General Vikramjit Banerjee argued that the Coast Guard operates in a different domain than the army and navy. The CJI immediately pointed out that the ASG should read the landmark Supreme Court’s judgement in the Babita Punia case in 2020.

The SC in the Ministry of Defence vs Babita Punia case had ruled that women officers in the Army should be granted permanent commission. The court had rejected the government’s argument of “physiological limitations and social norms”, and said that it was against the concept of equality and smacked of gender bias.

'Women are lesser human beings?'

The CJI asked whether there was a provision for a permanent commission for women in the Coast Guard, and the ASG Banerjee said, “Yes. Only for 10 per cent.”

“Why 10 per cent? Women are lesser human beings? Tell us one thing. Only 10 per cent of the male Coast Guard officers become permanent?”

The court asked the union government to come up with a gender-neutral policy.

In her petition, the woman officer Priyanka Tyagi said, “As of the present date, the Petitioner has the highest flying hours as per the seniority in all the forces, including male and female, i.e., 4,500 hours on the Dornier Aircraft, and has heroically saved more than 300 lives at sea.”

Priyanka was part of the Coast Guard’s first all-women crew that was deployed to fly Dornier aircraft. She was released from service in December last year after being denied permanent commission, and the Delhi High Court had refused to grant interim relief.

Senior Advocate Archana Pathak Dave, arguing on behalf of Priyanka, invoked the fundamental right of equality and said women should be given the opportunity to become commissioned officers in the Coast Guard.