"If You Can't, We Will...": SC Warns Centre On Women's Inclusion In Coast Guard

The Supreme Court of India has issued a stern warning to the Centre, labelling the opposition to the induction of women into the Coast Guard as a "patriarchal" mindset. The apex court has set a clear ultimatum, asserting that "women cannot be left out," and if the government fails to act, the court is prepared to intervene. This scrutiny comes in light of the Army and Navy already implementing similar policies, prompting the court to question the need for differentiation within the forces. The court, led by Chief Justice DY Chandrachud, emphatically stated in previous proceedings that if women can defend the borders, they are equally capable of safeguarding the coasts. 

Marching Towards Permanent Commission

The focal point of this legal battle is the demand for permanent commissions to be granted to women Coast Guard officers. Chief Justice of India DY Chandrachud minced no words, stating that arguments against this move based on functionality are outdated in 2024. The court asserted, "If you do not do it, we will do it. So take a look at that."

The Supreme Court's scrutiny heightened as it pressed the government to align its policies with the principles of "Nari Shakti," which it frequently champions. This occurred during the hearing of a petition presented by Priyanka Tyagi, a former female Coast Guard short-service appointment officer, who questioned the apparent patriarchal reluctance to integrate women into the Coast Guard.

Chief Justice Chandrachud, unequivocally challenging the Union government, stated, You (the Union government) speak of Nari Shakti, Nari Shakti, now show it here. I don't think the Coast Guard can say that they are out of bounds when the Army and Navy have done it. Why are you so patriarchal that you do not want to see women in the Coast Guard sector? Why do you have an indifferent attitude towards the Coast Guard." 

Opening the 'Canvas'

However, Additional Solicitor General Vikramjit Banerjee argued that the Coast Guard operates in a distinct domain compared to the Army and Navy. However, the Supreme Court, led by Chief Justice Chandrachud, was resolute in its stance. The bench, including Justices JB Pardiwala and Manoj Misra, asserted, "We will open up the whole canvas. If women can protect the borders, women can also protect the coasts."

The bench, which included Justices JB Pardiwala and Manoj Misra, also emphasized that the time for an 'indifferent attitude' towards the Coast Guard was over, especially in the wake of the Supreme Court's landmark Babita Punia judgment in 2020. This precedent-setting decision directed the grant of permanent commission to women officers in the Army, rejecting outdated notions of 'physiological limitations and social norms.'

Priyanka Tyagi's Quest for Parity

The petitioner, Priyanka Tyagi, a former Coast Guard short service appointment officer, stood at the forefront of the battle for gender equality. A vital member of the Coast Guard's first all-women crew, responsible for maintaining the Dornier aircraft, Tyagi's petition seeks parity with male officers for permanent commission. Despite her significant contributions, Tyagi was released from service in December after being denied consideration for permanent commission, a decision the Delhi High Court refused to intervene in.

Senior Advocate Archana Pathak Dave, representing Ms Tyagi, invoked the fundamental right of equality, drawing parallels with the Army's policies. The argument is clear – just like in the Army, female personnel in the Coast Guard should be afforded equal opportunities for promotion and commission.

The Supreme Court's piercing scrutiny of the patriarchal mindset within the Coast Guard demands a reevaluation of deep-seated biases. The focus is squarely on urging the Coast Guard to liberate itself from antiquated social norms and usher in an era where women and men stand side by side in safeguarding the nation's coasts.