Can married women be recruited in JAG, asks Delhi High Court

Chief Justice G Rohini and Justice Jayant Nath today directed the Central Government to file its reply on a petition that seeks to recruit married women in the Judge Advocate General Department (JAG) of the Indian Army..The Ministry of Defence and the Army’s Directorate General of Recruiting are to file their reply before the next date of hearing on August 10..“File your response, we would like to hear you”, said Chief Justice Rohini to the counsel for the Union Government. While the counsel told the Court that this was a service dispute and should not be heard under a PIL, the Bench said that it was an important issued that ‘needed consideration’..The petition, filed by Kush Kalra, states that currently the Indian Army only recruits unmarried female law graduates for the JAG department, thereby unfairly depriving the rights of married women to serve in JAG department..“[This] discrimination on grounds of gender is violative of fundamental right of equality before law, right not to be discriminated on the ground of sex, equality of opportunity in matters of public employment, fundamental right to practice any profession and occupation and human rights of the women.”.The plea also seeks that the eligibility conditions prohibiting the entry of married female candidates in the JAG department be declared unconstitutional and further alleges on uneven seat distribution of seats for women, with 10 vacancies for men and 4 for women..Speaking on the issue Navdeep Singh, the President of the Armed Forces Tribunal Bar Association said,.“Prima facie the prohibition is discriminatory in case married men are eligible to apply but married women are not. Of course, the issue would have been different if married men had also been ineligible. .De hors the notice of the High Court, I am sure the Government would reconsider such an otiose provision since this is in direct contravention of its nari shakti thought-process. Interestingly, the Central Armed Police Forces are much more progressive and realistic with their rules when it comes to women”.