Delhi High Court allows women to join Territorial Army

Delhi High Court allows women to join Territorial Army

Delhi High Court this week ignored the Central Government’s advertisements which clearly excluded women from being recruited in the Territorial Army and thus, allowing women to join the Territorial Army (TA) as it ruled the ads to be ultra vires the fundamental rights written under the Constitution.

Together with Justice C Hari Shanker, acting Chief Justice Gita Mittal stated that the curtailment on enrolment of women as stated in the advertisements was neither reasonable nor rational and therefore, had to be reversed. The Court also declared that a person mentioned in section 6 of the Territorial Army Act 1948 includes both males and females.

One Justice noted: "Women are eligible for recruitment and appointment to the Territorial Army under section 6 of the Indian Territorial Army Act 1948." The Judge further added that the recruitment advertisements of the Centre for appointments into the TA, the second line of defence after the regular Army, have no statutory support along with no factual basis at all and termed it as irrational.

"The disputable advertisements to the extent that they have excluded women from appointment to the Territorial Army, and the claimed policy in this regard is ultra vires of Articles 14, 15, and 16 along with 19(1)(g) of the Constitution of India and are hereby reversed," it said. The discrimination against the entry of women into the Territorial Army would never be supported by the training regime.