If women can be posted at Siachen, why cannot male nurses join Indian Army: Delhi High Court

The Delhi High Court Tuesday questioned the rationale behind barring men from being employed as nurse in the Indian Army [Indian Professional Nurses Association v Union of India]..A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula asked why men cannot be recruited to the post of nurse in the Army if a woman can be posted at Siachen, the highest battlefield in the world. The Court posed the question while dealing with a plea challenging the Military Nursing Service Ordinance 1943 and the Military Nursing Service (India) Rules 1944, to the extent they provide that only women can be appointed in the Indian Military Nursing Service..Additional Solicitor General Aishwarya Bhati appeared for the Central government and told the Court that the government has filed its written submissions in the matter.Bhati said that the practices in the army are based on the long-standing traditions. She added that just today, the government has brought in legislation to grant reservation to women.“Yes, in parliament… On one hand you are talking about empowering women and on the other you are saying men cannot join as nurse… If a woman can be posted in Siachen, then a male can work in R&R,” the Bench responded.It further highlighted that the Supreme Court has now permitted women to join the National Defence Academy and the top court has time and again held that there should be no gender bias..Meanwhile, Advocate Amit George appeared for the petitioners – Indian Professional Nurses Association – and stated that the Ordinance and Rule barring men from the service is a colonial and law this practice is based on Florence Nightingale’s view of what a nurse should be.“We now have male nurses in all hospitals. The Supreme Court has said that such practise [excluding one gender from the services] has no place even in a military ecosystem,” George stated.The Court then remarked that it is an important issue which requires deliberation. It, therefore, listed the matter for further consideration in November..The Indian Professional Nurses Association (petitioner) moved the High Court in 2018 challenging the Rules which lay down that only women can join the Military Nursing Service.It is the petitioner's case that this stereotypical view of nursing being a women-only profession is based on the antiquated view when only women trained as nurses.However, now there are several thousand males who have trained and qualified in the profession, it was submitted. “That this discrimination in the Ordinance and the Rules is palpably contrary to the Constitutional scheme and is, therefore, ex-facie unconstitutional, illegal and arbitrary. Gender equality under the impugned Ordinance and the Rules has remained an elusive Constitutional goal that the Legislature, since the inception of the impugned Ordinance and the Rules, has dispassionately ignored,” the association said in its plea. .Delhi High Court seeks response from Central government on plea against exclusion of male nurses from military