From Formal To Substantive Equality: A Critical Analysis Of Women’s Inclusion In The Armed Forces With Special Reference To The Babita Puniya Judgment

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Aarzoo Vishwakarma, B.A.LL.B. (Hons.), Avantika University, Ujjain (M.P.)

ABSTRACT

The inclusion of women in the armed forces has historically been shaped by deeply entrenched patriarchal norms and institutional barriers. Despite constitutional guarantees of equality, women in India were restricted to limited roles and denied long-term career advancement through permanent commission. The Supreme Court’s landmark judgment in Secretary, Ministry of Defence v. Babita Puniya (2020)1 marked a transformative shift by recognizing the right of women officers to permanent commission in the Indian Army. This research paper critically evaluates the judgment through the lens of formal and substantive equality. It argues that while the decision represents a significant step towards dismantling legal discrimination, it does not fully address structural and institutional barriers that impede the realization of substantive gender equality. The paper further analyzes constitutional provisions, judicial precedents, and practical challenges, and proposes reforms necessary to achieve true gender parity in the armed forces.

Keywords: Gender Equality, Substantive Equality, Formal Equality, Women in Armed Forces, Permanent Commission, Military Law, Constitutional Law, Gender Discrimination, Patriarchy, Institutional Barriers, Judicial Activism, Indian Army, Women Empowerment, Service Law, Equality Jurisprudence, Human Rights, Structural Inequality.

176. FROM FORMAL TO SUBSTANTIVE EQUALITY- A CRITICAL ANALYSIS OF WOMEN’S INCLUSION IN THE

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