SC Passes Interim Order Allowing women to Appear for NDA Exam

Team SoOLEGAL 19 Aug 2021 3:22pm

SC Passes Interim Order Allowing women to Appear for NDA Exam

The Apex Court on August 18, 2021, passed an interim order allowing women candidates to appear for the National Defence Academy (NDA) examination, scheduled to be held on September 5, 2021.

The Centre was represented by Additional Solicitor General Aishwarya Bhati, who argued that it’s a government policy decision. Disagreeing with the contention made by the Centre, the division bench comprising of Justices Hrishikesh Roy and Sanjay Kishan Kaul stated that "This is a policy decision based on gender discrimination, respondents, must take a constructive view.”
When it comes to equal service opportunities for men and women in the country’s armed forces, the court criticised a “mindset problem” and warned the government that “you better change.”

The court also expressed optimism that today’s order would persuade the Army to make the change on its own accord rather than being forced to do so by a court order.

According to the petitioner, eligible and willing female candidates are being denied entry to the National Defence Academy on the basis of their gender, systematically and categorically excluding eligible female candidates from training at the Indian armed Forces’ premier joint training institute, which latter becomes a barrier in the recruitment process.

The respondent’s act of categorically excluding eligible and willing female candidates from appearing for the National Defence Academy and Naval Academy Examinations solely on the basis of sex, according to the plea, is a violation of the Fundamental Right to Equality before the Law and Equal Protection of the Law. 

Tagged: Apex Court   NDA Exam   Solicitor General   Aishwarya Bhati   Justice Hrishikesh Roy   Justice Sanjay Kishan Kaul   Fundamental Right  
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