PIL to recruit women in Territorial Army: HC reserves verdict

New Delhi: The Delhi High Court on Thursday reserved its verdict on a PIL alleging discrimination against women in the recruitment for the Territorial Army (TA), the second line of defence after the regular army.

"Judgement reserved," a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said after arguments on behalf of the Centre, the petitioner and the amicus curiae appointed by the court.

Petitioner Kush Kalra, in his plea, has alleged "institutionalised discrimination" against women for not being recruited in the TA, which is an organisation of volunteers who get military training in order to be mobilised for the country's defence in case of an emergency.

The court had earlier asked the central government and the Army why women were not considered fit for the TA, in which actor Mohanlal and cricketers Kapil Dev and M S Dhoni are honorary members holding senior ranks.

The government had taken the stand that women were not recruited in the TA infantry, but there was no bar besides this.

However, its lawyer could not answer a question regarding which were the positions in the TA where women were working.

In his plea, Kalra has contended that unlike the Indian armed forces, TA is not a profession, occupation or source of employment and meant for those who are already in civilian jobs.

He has said that gainful employment or self-employment in a civil profession was a pre-requisite for joining the TA which plays the role of "relieving the regular army from static duties and assist the civil administration in dealing with natural calamities...."

The petitioner has contended that the "state has a duty to ensure that there is no discrimination practiced by anyone in the country and non-recruitment of female candidates who are gainfully employed is against the spirit of the Constitution".

He has sought that the provisions of the Act which prohibit the recruitment of women into the TA be either struck down or interpreted in such a manner that both sexes can join the organization.