“If JAG Posts Are Gender Neutral, Why Fewer Women Allowed?”: Supreme Court Questions Union
The Supreme Court has raised serious concerns regarding the representation of women in the Judge Advocate General (JAG) branch of the armed forces, questioning the Union government about the apparent disparity despite claims of gender-neutral recruitment. The apex court expressed its surprise at the significantly lower number of women selected for these crucial legal positions compared to their male counterparts, even when women candidates possess equal qualifications.
The issue came to the forefront during a hearing of a petition filed by Gursimran Kaur Bakshi, a woman advocate, who had challenged the selection process for JAG posts in the Indian Army. Bakshi argued that despite being equally qualified, she was overlooked in favor of male candidates.
During the proceedings, a bench comprising Justice Sanjay Karol and Justice Ahsanuddin Amanullah posed pointed questions to the Union government’s counsel. Justice Karol specifically questioned the rationale behind the lower representation of women, stating, “If the posts are gender neutral, why are there fewer women allowed? If they are equally qualified, why are men being preferred?”
The Supreme Court’s strong questioning underscores the court’s commitment to ensuring equal opportunities for women in all sectors, including the armed forces. The bench appeared unconvinced by the arguments presented by the Union government and sought a clear explanation for the existing gender imbalance in the JAG branch.
The JAG branch is responsible for providing legal advice and assistance to the armed forces. The selection of competent legal officers is crucial for maintaining the rule of law within the military and ensuring fair administration of justice. The Supreme Court’s inquiry highlights the importance of ensuring that the selection process for such vital roles is truly equitable and does not inadvertently discriminate against qualified female candidates.
The court has directed the Union government to provide a detailed explanation and justification for the observed disparity in the selection of women for JAG posts. The government is expected to present its response in the next hearing.
This case has brought to light the ongoing challenges in achieving true gender equality in various professions, even in areas where formal policies may claim to be gender-neutral. The Supreme Court’s intervention is a crucial step towards addressing these systemic issues and ensuring that women are given a fair chance to serve in all capacities within the armed forces based on their merit and qualifications.