SC Gives Coast Guard 2 Weeks on Woman Officer’s Commission

New Delhi: The Supreme Court on Wednesday gave the Indian Coast Guard (ICG) two weeks to decide on granting permanent commission to woman officer Priyanka Tyagi, saying it would pass orders for her absorption if the force failed to take a decision.

Coming down heavily on the ICG, a three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana termed its policy on permanent commission, released on Tuesday, as "vague" and "arbitrary".

"The policy is vague and appears to be arbitrary. The entire effort is to reject. Tomorrow you will say height is not correct and weight is not appropriate," the apex court said.

Stressing that hyper-technical objections would not work, the court said: "If you can give permanent commission to males, then why not to women officers? We will not allow the women officers to be humiliated in this fashion.”

The bench told Attorney General R. Venkataramani, appearing for the ICG, that it was giving the force two weeks to take a decision.

"If you can do it in two weeks, fine; or we will pass orders for her absorption," the bench said as it reserved its decision on Ms Tyagi's plea for consideration for permanent commission.

CJI Kant said: "Show some sportsmanship. Take a decision in two weeks."

Ms Tyagi, a Short Service Appointee officer who has completed more than 14 years in service, approached the Supreme Court seeking permanent commission after the authorities denied it and directed that she be released from service.

In 2024, the Supreme Court directed the ICG to reinstate Ms Tyagi, who was part of the first-ever all-women crew on a Dornier aircraft deployed in the eastern region for maritime patrolling as captain.

Advocate Siddhant Sharma, appearing for Ms Tyagi, who took charge at the unit in Andaman and Nicobar on Wednesday, said the ICG's policy on permanent commission was vague and arbitrary.

Mr Sharma submitted that Ms Tyagi had the highest flying hours according to her seniority across the forces, including among male and female officers, with around 4,500 hours on Dornier aircraft, and had saved more than 300 lives at sea.

CJI Kant asked how the ICG could deny permanent commission to an officer who had served continuously for 14 years.

The Attorney General said the history of the ICG had to be taken into account and that there were limitations in facilities for women officers, unlike the Navy, where infrastructure had existed for longer.

"You can't travel in a boat. For all of them, we can't create posts overnight. Infrastructure is fundamental; if you don't have it, how can you induct women officers? Certain facilities are required for women officers. Now modern ships are being acquired. Facilities are being created. We will see how that goes," he said.

CJI Kant again questioned why women officers could not be granted permanent commission when it was available to male officers.

"You can't take advantage of your own inaction. These hyper-technical objections will not work," the bench told the Attorney General.

The AG submitted: "Don't consider this as a gender issue. Infrastructure has to be developed keeping in mind a lot of factors. This is not a case of arbitrary denial. There is no gender insensitivity."

Justice Bagchi observed that Ms Tyagi had been recommended by her superiors and the ICG should have considered her for permanent commission.

The bench posted the matter for hearing after two weeks.