NEW DELHI : The Centre has informed the Delhi HC that its policy of putting a bar on marriage during training period of those recruited for Indian Army’s Judge Advocate General (JAG) department is a “reasonable restriction” placed in public interest and in the interest of national security.
The Centre has in an affidavit filed on March 2 also submitted that till the time the “rigorous training” of the candidates is complete, the bar on marriage will remain in place.
The matter has been listed for hearing on July 17. The submissions have been made in a public interest litigation filed by one KushKalra against the bar on considering married individuals for appointment in the legal arm of the Army.
The court had asked the government to file a response on the rationale behind the bar on entry of married males and females in JAG as far as it relates to pre-commission training.
The Centre in the affidavit submitted that both males and females are treated equally in the Indian Army and are granted equal opportunity in all service conditions and benefits.
However, it said the condition of being unmarried for both male and female candidates aged between 21 years and 27 years for grant of commission is restricted only for the period ofrecruitment and pre-commissioned training, which involves a “high amount of physical and mental stress, strain and rigours”.
“Once unmarried lady cadets and gentlemen cadets complete their training and are granted commission, there is no bar on getting married or its natural consequences of pregnancy, etc. and service benefits viz. maternity leave, paternity leave or married accommodation, etc. During conduct of Basic Military Training, which lasts for minimum one year, such provisions are not possible,” the affidavit said. It further said giving birth to a child is considered as natural right for a woman and she cannot be deprived of that.
The Centre has in an affidavit filed on March 2 also submitted that till the time the “rigorous training” of the candidates is complete, the bar on marriage will remain in place.
The matter has been listed for hearing on July 17. The submissions have been made in a public interest litigation filed by one KushKalra against the bar on considering married individuals for appointment in the legal arm of the Army.
The court had asked the government to file a response on the rationale behind the bar on entry of married males and females in JAG as far as it relates to pre-commission training.
The Centre in the affidavit submitted that both males and females are treated equally in the Indian Army and are granted equal opportunity in all service conditions and benefits.
However, it said the condition of being unmarried for both male and female candidates aged between 21 years and 27 years for grant of commission is restricted only for the period ofrecruitment and pre-commissioned training, which involves a “high amount of physical and mental stress, strain and rigours”.
“Once unmarried lady cadets and gentlemen cadets complete their training and are granted commission, there is no bar on getting married or its natural consequences of pregnancy, etc. and service benefits viz. maternity leave, paternity leave or married accommodation, etc. During conduct of Basic Military Training, which lasts for minimum one year, such provisions are not possible,” the affidavit said. It further said giving birth to a child is considered as natural right for a woman and she cannot be deprived of that.
