The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Embedded with the motto of the service before you, the Indian Army is a true symbol of morality, self-sacrifice and self-sacrifice. From ancient times we have seen and heard the tales of our men’s warfare. In changing times, women were draft into the army. However, these positions were originally offer for a period of 5 years at a time. This was done because, women in arm position was a new phenomenon in Indian society. Many applications have been file in court, seeking a Permanent Commission on female employees in the Indian Army, which was grant only to male officers. The main basis for the complaint was that the non-provision of the Eternal Commission on female employees violated fundamental rights guaranteed by the Constitution of India.[1] The most dramatic decision of the Supreme Court
It was in the case of the Secretary, Defence Department vs Babita Puniya and Ors.[2]
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3.1 they have received 20 years of pension;
3.2 “the hiring of staff only” in section 6 shall not be enforce;
The current appeal appeared in several letters filed before the Delhi High Court in 2003 and 2006 seeking equality of opportunity with the establishment of
the Permanent Commission on Women in the Indian Army. Section 12 of the Army Act of 1950[3] contains, in the main, the following provisions:
“Article 12: Eligibility for women to be register or recruite – No woman may be drafted or recruite into the arm forces, except in that body, department, branch or other body that forms part of, or adheres to, any part of the General Army, by notice in the Gazette. Legally, explain this.”
Pursuant to the powers confer on Article 12, the Union Government issue a notice date 30 January 1992 enabling women to be eligible for appointment to positions in certain Military branches / agencies such as the Army Postal Service, Judge Advocate General Department (JAG), Army Education Corps, i -Army Ordinance Corps (Central Ammunition Depots and Material Management) and Army Service Corps (Food Scientists and Food Officers). The first term of the contract was five years after which the officers would be released from office. Officials assigned to the commission under a Military order did not have the right of a Permanent Commission (PC) or extension for more than five years of posted work. In February 2003, Babita Puniya, an attorney filed a petition with the Social Welfare Bill before
During the trial, two circulars were issue on July 20, 2006, delivering the indictment of the President of India in respect of a 14-year (10-year extension of 4 years) to both the technical and non-technical staff. women. The duration of the training was define at forty-nine weeks equivalent to male SSC (male) officers. SSCs are award to Corps of Signals, Intelligence Corps, Corps of Engineers, Corps of Electrical and
Mechanical Engineering, Regiment of Artillery.
In addition to the PIL establish before the Delhi High Court, the Writ Petition was file by Major Leena Gaurav on 16 October 2006 primarily to challenge the terms and conditions of service set by circulars dated July 20, 2006 and to claim the PC grant for women officers. On September 26, 2008, the MoD issue a circular which was intend to provide PCs to female officers in the JAG and AEC departments. This circular was challenge before the Delhi High Court by Major Sandhya Yadav and
others on the grounds that it only gave PCs a chance and was only given to certain specify officials.
The main issues raised were as follows:
1. Whether giving SSC female officers in the Indian army violated
the right to equality as in the case of male employees who were given a PC.
2. Whether the Permanent Commission gave women in charge of the military only a specific election was correct.
Cases appealed:
The Honourable Court on 25 February 2019 issued the following guidelines:
(i) A policy decision taken by the Federal Government to allow the supply of PCs to SSC women officers in all ten rivers where women have been awarded SSCs in the Indian Army
It has been approve in accordance with the following.
a) All female employees working in the SSC will be subject to the provision of PCs regardless of who has exceeded fourteen years or, as
the case may be, twenty years of service.
b) The option will be given to all women currently serving as SSC officer.
c) Female employees in the SSC who have been working for more than 14 years who do not choose to be consider for PCs will have the right to continue working until
d) As a one-time measure, the benefit of continuing employment until a pension service is available will also apply to all existing SSC officers
who have been working for more than 14 years without working on a PC;
e) The expression “with regard to the hiring of various employees only” in section 5 and
f) SSC women officers over 20 years of operation who have not been provided with a PC will receive a pension
in accordance with the policy decision; and
g) In the PC selection category, all non-exclusive options will be available
in women’s positions with the same terms as SSC male officers. Female SSC executives will have the right to exercise their options considering the provision of PCs.
Thus, this judgement has been one of the landmark judgements given by the hon’ble Supreme Court. There were many instances cite in the judgement which show that women were equally capable of being inducted in the armed forces, some of them include, Captain Tania Shergill recently became first Indian woman Parade Adjutant to lead
an all-men contingent in New Delhi on 15 January; in September 2010,
the Sword of Honour in the Officers’ Training Academy, Chennai (the only training center for SSC male and female officer) was given to Lieutenant A Divya amongst 170 male officer and 57 women officer; Major Madhu Rana, Preeti Singh and Anuja Yadav was award the United Nation Medal completing the qualifying service as military members of the United Nations Mission in the Democratic Republic of Congo among many more. As society progresses we see many positive changes, such as this one which encourages women empowerment and
gives them an opportunity to be at par with their male counterparts.
[1] INDIAN CONST. art 14, 16, 21.
[2] (2020) SC 0194
[3] Army Act 1950 S. 12
[4] (2003) 6 AWC 5026
[5] (1984) 1 SCR 275
[6] 1983 CLJ 647
[7] AIR 1983 SC 658
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