The right to equality is one of the six fundamental rights enshrined in the Indian Constitution. It talks about equality before the law, the prohibition of any discrimination on the grounds of race, religion, gender, caste, and birthplace. It also includes equality of opportunities. This paper discusses how women paved the way for the fight to be handled fairly in the Indian Army. It discusses how women won the battle against the award of permanent commission in ten streams in the Army and also understands the idea behind the formulation of legislation.
It will focus on SECTION 12 of The Army Act 1950, which highlights the ineligibility of females for enrolment or employment and why it calls for immediate amendments. With various cases challenging the provisions of law about the permanent commissions to SSC women officers in all the ten streams and coming up time and again, the constitutional validity of the statute’s provisions is looked into, along with a study of army laws for women in various other countries. The current situation calls for appropriate changes to the present law to accommodate contemporary views and ideas of rights and responsibilities and to uphold the concept of assured reproductive choice for our nation's women.
