HC notices to Defence Ministry, Territorial Army

The Delhi High Court on Monday issued notices to the Defence Ministry and the Territorial Army on a public interest litigation petition challenging a provision in the law governing the Territorial Army that prohibits recruitment of gainfully employed women.

In his writ petition, lawyer Kush Kalra has contended that not allowing women to join the Territorial Army amounts to “institutional discrimination,” which violates fundamental freedoms and human rights. The petitioner affirmed that the discrimination on grounds of gender went against the spirit of the Constitution.

A Division Bench comprising Chief Justice G. Rohini and Justice Jayant Nath has now asked the Defence Ministry and the Territorial Army to submit their replies by February 1 next year, when the case will come up for further hearing.

The Territorial Army is the country’s second line of defence, after the regular army. It comprises volunteers who receive military training for mobilisation in emergency situations.

Mr. Kalra said he wrote to the Territorial Army after he saw its recruitment advertisement inviting gainfully employed men in August this year and received a reply that women were not eligible to join the organisation under the provisions of the Territorial Army Act.

The lawyer contended that unlike the Armed Forces, the Territorial Army was not an occupation or a source of employment. Gainful employment or self-employment in a civil profession was a pre-requisite for joining the Territorial Army.

A petition filed before the Delhi High Court challenged a provision

in the law governing the Territorial Army that prohibits recruitment

of women

 Sources: http://www.thehindu.com/news/national/other-states/hc-notices-to-defence-ministry-territorial-army/article7890006.ece