Why can’t married women be recruited in JAG: HC to Army

Bench says Army should take legal stand against objections

NEW DELHI, 11/01/2018: It is going to be another first for women this Republic Day, A newly-raised all-woman bikers contingent of the Border Security Force (BSF) named ‘Seema Bhavani’ will make its debut on Rajpath on January 26. The 27 member BSF women ‘daredevils’ are expected to draw cheers as they showcase their stunts and acrobatics on their 350cc Royal Enfield Bullet motorcycles, in New Delhi on January 11, 2018. Photo: Shiv Kumar Pushpakar

The Delhi High Court on Monday asked how the Army could object to the recruitment of married women in its legal branch JAG after the display by women fighter pilots and the BSF all-women bikers’ contingent on Republic Day.

Legal stand

A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar said the Indian Army should take a “legal stand” against the objections instead of filing a response to the affidavit.

“After the Republic Day display by the women (the fighter pilots and the BSF bikers) how can you (Army) still maintain these objections (to recruitment of married women in the Judge Advocate General),” it said and listed the matter for further hearing on March 19.

‘Discrimination’

The observation by the court came during the hearing of a PIL by a lawyer claiming that there was “institutionalised discrimination” against married women by not inducting them in the JAG service, the legal branch of the Army.

Advocate Charu Wali Khanna, appearing for petitioner Kush Kalra, told the Bench that earlier there was a bar on recruitment of married women, but this prohibition was extended to married men after filing of the PIL.