Punjab and Haryana High Court Ruling on Women in Defence
In February 2016, the Punjab and Haryana High Court delivered a landmark judgement relating to the rights of women in uniformed services. It has held that women could not be debarred permanently from joining the Army Medical Corps on the pretext of their pregnancy and such practices have no place in Modern India.
What does the Army rules say about this?
According to the Army rules, pregnancy of the candidate at any stage, after selection at interview or during pre-commission Medical Examination will render the candidate as unfit and will further debar her from grant of commission.
What are the functions of Armed Forces Medical Services?
Army Medical Corps is a specialist corps of doctors, surgeons and nursing staff whose is responsible for the medical care of the Army personnel.
The foundation for medical services for armed forces was laid on January 1 in 1764. In 1986, the medical services of all the three presidencies of the East India Company were merged to form Indian Medical Service (IMS). With the outbreak of WWII in 1939, the pre-dominantly civil nature of the service was changed and it paved way for the formation of Indian Army Medical Corps (IAMC) on April 3, 1943. After Independence, the IAMC was re-designated as Army Medical Corps (AMC) with effect from January 26, 1950.
The post of Director General (DG), Armed Forces Medical Services (AFMS) was created in 1949. It was created as a coordinating head of the medical services of the Army, Navy Air Force, Military Nursing Service and Army Dental Corps with Director Generals of the respective medical services functional under DG AFMS.
AFMS are tasked to provide a comprehensive medical care whether in combat medical support or rehabilitative services to the serviceman, ex-servicemen and their families. Also, they play a major role in situations like disasters and natural calamities within the country or abroad.
Background
Unlike other branches, the upper age limit to join the Army medical corps is 45 years and candidates are not required to undergo any specialized training in any military academy. They are directly allotted a hospital and made to complete a basic in service course of eight weeks within a flexible time period.
The petitioner of this case had cleared all examinations and medical tests, subsequent to which she was asked to join the service in February 2014. However, on the date of joining the petitioner was not allowed to join the service owing to the disclosure of her pregnancy, which was considered as deterioration in her health. Subsequently, the petitioner’s candidature was cancelled and was directed to undergo the entire selection process once again, if she was interested to join AMC. This made the petitioner move the High Court in 2014 citing that Pregnancy never amounts to ‘deterioration in health’. The petitioner further argued that had she not disclosed her pregnancy or had conceived after joining or had given birth before the joining date she would have been allowed to join and also cited the practices prevalent in paramilitary services, where in the candidate were simply asked to join after childbirth in case any problem was envisaged due to pregnancy of the candidate.
What was the court’s verdict and explain its implications?
The High Court discussed various constitutional provisions, conventions and judicial precedents around the globe while delivering this landmark judgement. It held that forcing a woman to choose between bearing a child and employment interferes with the reproductive rights and right to employment of the women. The Court further observed that this kind of discriminatory practices have no place in modern India.
The High Court also pointed out in such cases keeping in mind the nature of employment, the government could grant maternity leave to the candidate or reserve the vacancy so that it could be offered to the candidate after child birth.
This judgment has wider implications as far as the women’s rights in the defence postings are considered. The Court has directed the Army to appoint the petitioner within a month.
