Supreme Court Advocates for Permanent Commission for Woman Coast Guard Officer
The Supreme Court of India has strongly urged the Central government to grant a permanent commission (PC) to Priya Tyagi, a woman officer serving under Short Service Appointment in the Indian Coast Guard (ICG). The Bench, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, emphasized that if the government does not voluntarily provide Tyagi with a PC, the Court will intervene to ensure such an outcome. The Bench underscored the importance of dignity, stating that officers like Tyagi should not face humiliation through the denial of a permanent commission.
Chief Justice Kant remarked, “Let them consider. If she is absorbed by them themselves, it is fine, otherwise we will pass an order. But we cannot allow officers such as her to be humiliated like this.” This sentiment echoes the Supreme Court’s 2020 verdict in the case of Babita Punia, where it was determined that female Short Service Commission officers in the Army and Navy deserved the same opportunity for a permanent commission as their male counterparts. The Court criticized the Centre’s reliance on gender stereotypes that assume men are physically stronger and women are weak and submissive.
However, the Centre has resisted Tyagi’s request for a permanent commission, arguing that the operational domain of the Coast Guard differs from that of the Army, Navy, and Air Force. In April 2024, the Supreme Court issued an interim order allowing Tyagi to maintain her position as a general duty officer.
Advocate’s Arguments and Government’s Response
During the latest hearing, Tyagi’s advocate, Siddhant Sharma, highlighted her 14 years of service in the Coast Guard and noted that her commanding officers had endorsed her for permanent absorption. “She served in the Indian Coast Guard for 14 years. Her commanding officers had recommended that she be favourably considered for permanent absorption. Despite this, their (authorities’) stand was that there was no policy. Since 2020, not a single female officer was inducted even under Short Service Appointment,” Sharma stated.
Attorney General R Venkataramani, representing the Central government, contended that the Coast Guard’s history and unique characteristics must be taken into account. He emphasized that the Coast Guard’s infrastructure and capacity to accommodate female officers had developed over time, with modern ships and facilities now available. “The history of the Coast Guard has to be considered. Its infrastructure and ability to accommodate women officers evolved over time. Modern ships have now been acquired and facilities are available. Notwithstanding that, she would otherwise have gone out of service. The new 2026 decision can apply to her if she is eligible. We will find out if she can be accommodated,” he explained.
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The Chief Justice questioned the rationale behind the different treatment between male and female officers regarding permanent commissions, emphasizing that available infrastructure should not be a limiting factor for women. “The qualitative difference between the Coast Guard and the Navy cannot mean that women can be deprived completely. Where the infrastructure is available for male officers, what else can be the reason to deny them?” CJI Kant demanded.
In response, the Attorney General argued that the issue should not be narrowly viewed as a gender matter, pointing to the need for infrastructure development that considered various factors specific to the Coast Guard’s requirements.
Court’s Consideration and Future Steps
The Court has instructed the government to reassess Tyagi’s case under the new policy for permanent commissions and to consider granting her PC. “She is now treated as an eligible SSA officer and she is on the top. So the benefit of paragraph 3 will go to her and she will be considered,” the Court stated. Should the government fail to act, the Court has indicated its readiness to issue a formal order.
Advocates Siddhant Sharma, Prafull Bhardwaj, Vikram Chaudhary, and Akshay Malhotra represented Tyagi in this critical case, which underscores the continuing struggle for women’s rights in India’s armed services.
