Lawstreet Journal

Supreme Court disallows 'Perverse Equality', states that "a 45-50 year old lady officer cannot be asked to meet the threshold standards of medical fitness"

Lawstreet Journal 9 Mar 2021 12:10am

Image courtesy: Lawstreet Journal Judiciary Supreme Court disallows 'Perverse Equality', states that "a 45-50 year old lady officer cannot be asked to meet the threshold standards of medical fitness"

On Thursday (March 4, 2021), Justice DY Chandrachud of the Supreme Court stated,

“You want to be in the Armed Forces, you have to be as fit as a man. You have to be able to move ahead shoulder-to-shoulder with your male counterparts. But there cannot be a perverse equality. A 45-50 year old lady officer cannot be asked to meet the threshold standards of medical fitness”

The Court made observations after senior counsel Ms.Arora argued, “Women biologically cannot be compared to men, and more so after 20 years of service...there has to be gender-sensitisation in the army”

Arora was fighting for the unfair and unequal treatment of lady officers who were denied Permanent Commission.

Justice Chandrachud eagerly expressed, “I have a slightly nuanced opinion on this. There has to be gender equality for women in the armed forces. They have to compete equally. You want to be in the Armed Forces, you have to be as fit as a man. You have to be able to move ahead shoulder-to-shoulder with your male counterparts. While the government may grant any relaxation or exemption by way of policy, it is not open for the court to do so through judicial review”

 

The court went on to elaborate on the above, “They were available to be considered for PC at the age of 25-30 but they were not so considered because of the erstwhile policy of the Armed Forces. Now their (the Armed Forces) attitude seems to be, as it emerges from their affidavit, that 'you went… Continue Reading...


Tagged: Supreme Court of India  
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