‘Adversely affecting overall performance’: SC slams bias against women officials in appraisal standing committee

New Delhi: The Supreme Court on Tuesday ruled that the denial of permanent commission (PC) to women Short Service Commission (SSC) officers in the armed forces stemmed from a flawed and discriminatory evaluation system, particularly the way their performance was assessed.A bench of Chief Justice of India Surya Kant and Justices Ujjal Bhuyan and N Kotiswar Singh, while delivering the judgment, noted that the Annual Confidential Reports (ACRs) of women police officers are often assessed haphazardly, thereby undermining their chances of getting PCs.“The appellants’ ACRs were written on the assumption that they would not experience career progression. This had a detrimental effect on overall performance,” the judge noted, per Live Law.“The model was reasonable, non-discriminatory and implemented as a one-time measure. The failure of the respondents to disclose the assessment criteria, etc., adversely affected the officials,” the judge further said.The ruling came after a long legal battle in which female officers challenged the standards by which they were evaluated, arguing it put them at a disadvantage compared to their male counterparts.At an earlier hearing, the center denied accusations of bias. It also proposed that recruitment of women officers is currently underway through the National Defense Academy, subject to approval in 2022, and those who complete the training will be directly issued PCs.While earlier reserving the verdict, a bench headed by Chief Justice Surya Kant was informed by Solicitor General Aishwarya Bhati that structural reforms have been initiated to address gender inequality in the force.However, courts remain critical of the evaluation process. During the hearing, it questioned why women and men were assessed differently despite receiving the same training and tasks.“How can there be two criteria based on gender? Is there a different format for evaluating SSC women officers and male officers? Is this format different for SSC officers and standing committee officers?” the bench asked.Senior advocate Menaka Guruswamy, appearing for 13 women police officers, argued that their ACR scores were arbitrary and in some cases were frozen even before they were eligible for PC in 2020. In contrast, male officers still considered PC in their evaluations.She pointed to the service records of officers such as Lt. Col. Vanita Pardi, Lt. Col. Chandni Mishra and Lt. Col. Geeta Sharma, who have served in United Nations missions, high altitudes and counter-insurgency operations. Despite holding operationally critical roles, including “standard appointments” in difficult areas, their contributions were not fully recognized in the evaluation reports, unlike similar positions held by male officers.The court noted that such differential treatment may violate the equality guarantees provided for in Articles 14 and 15 of the Constitution and may reflect deep-rooted biases within the system. Guruswamy also pointed out that several women officers were deprived of pension and medical benefits commensurate with their conditions of service.The petitioners relied on the Supreme Court’s 2020 judgment, which directed the Army to grant PC qualification to women officers, arguing that excluding them from command posts was unjustified and hampered career advancement.Since then, the court has passed several orders expanding the scope of PC for women in the Army, Navy, Air Force and Coast Guard.The matter also involves submissions from serving and retired officers as the court examines similar issues in different branches of the armed forces.