Supreme Court allows women to take NDA entrance

Additional Solicitor General Aishwarya Bhati representing the government and Indian Army informed the court that women are not allowed to take NDA entrance exams because of a policy decision, reported Mint.

Hearing the petition filed by Kush Kalra seeking apex court's directive to allow women to sit for the NDA entrance exam, the court said the Army's “policy decision" amounted to gender discrimination, the report added.

Expressing their displeasure, the Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy said:  "It's a policy decision which is based on gender discrimination. We direct the Centre and Army to take a constructive view of the matter..." the report quoted.

The court ruled that women can sit in the NDA exams on September 5 but the admission will be subject to the outcome of the petition.

The petitioner said blocking the eligible women candidates from joining NDA, Articles 14, 15, 16 and 19 of the Constitution of India are violated.

The court observed that "Eligible and willing female candidates are not allowed to take the said examination (of NDA and Naval Academy) on the sole ground of their sex…and this act of discrimination is a dishonour committed by the respondents to the Constitutional values of equality (Article 14); Article 16 (equal opportunities in matters of public employment); Article 19 (freedom to practice a profession), and non-discrimination (Article 15) in the Constitution of India", according to the Mint report.

In response, the Centre said: “Women are being granted equal opportunity in the armed forces in the avenues that have been opened up for employment of women. There is no violation of any fundamental right merely on account of the mode of entries available to men and women to join the armed forces."

The Additional Solicitor General said there are three modes of entry in the Army- NDA, Indian Military Academy (IMA) and Officers' Training Academy (OTA) and that women are permitted entry through OTA and IMA.

"And even if it is a matter of policy, you are allowing women's entry through two sources. Why should you say the one more additional source of entry is closed for women? It is not just a gender principle but discriminatory otherwise also," the SC said, the report stated.

The petitioner was represented by Senior Advocate Chinmoy Pradip Sharma, along with Advocates Mohit Paul, Sunaina Phul and Irfan Hasieb.

SC has also admitted another petition filed by Kailas Udhavrao More in the matter.