In a recent development in a case related to the issue of gender equality in the service of the Indian Coast Guard, the Supreme Court of India observed “As regards the Indian Army, Indian Air Force and Indian Navy, this Court has rendered judgments resulting in the induction of women in the Armed Forces on a permanent basis. Unfortunately, the Indian Coast Guard continues to be an outlier.” Expressing the intent to decide the issue, the Supreme Court (SC) transferred the petition dealing with a significant constitutional issue relating to gender equality in the service of the Indian Coast Guard pending in the Delhi High Court to itself. While transferring the matter to itself, the bench remarked, “Particularly having regard to the broader constitutional mandate contained in Article 15 of the Constitution, the petition should be heard by this Court.” This order came when the top court bench consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing an appeal filed by SSC (Short Service Commission) Officer Priyanka Tyagi who was denied interim relief of continuation of service as Deputy Commandant by the High Court.
During the proceedings, Senior Advocate Archana Pathak Dave (appearing for the petitioner) and Attorney General R. Venkataramani agreed to transfer the matter to the apex court. The bench highlighted that the petitioner (Priyanka Tyagi) served as a Short Service Appointee (SSA) in the Indian Coast Guard for fourteen years till 30 December 2023. After hearing the matter, the SC directed “the services of the petitioner shall be continued uninterruptedly in the Indian Coast Guard in the post which she occupied on the date of her discharge on 30 December 2023 till further orders. She shall be assigned a suitable posting commensurate with her cadre and qualifications. She shall be entitled to the arrears of salary and increments as they fall due.” It further ordered to file the counter affidavit within 4 weeks and listed the Special leave petition along with the transferred case on July 19, 2024.