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The Supreme Court has appealed to the Indian Coast Guard (ICG) to grant permanent commission to Short Service Commission Officer Priyanka Tyagi. The Supreme Court has said that if the Coast Guard does not do so, the court itself will issue appropriate orders. The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana has said these things in front of Attorney General R Venkataramani.

Coast Guard officer Priyanka Tyagi had filed a petition against the Delhi High Court order in which she was not given interim relief to continue in service. In the year 2024, the Supreme Court had transferred his petition from the High Court to itself and in an interim order, allowed him to continue serving in the post he was holding before his retirement in December 2023.

Advocate Siddhant Sharma, appearing for the petitioner in the court, told that till the High Court, the Coast Guard had said that there is no policy to give permanent commission to women. He also informed that Priyanka Tyagi has about 4500 hours of flying experience, which is more than many male and female officers.

What assurance has the Coast Guard given?

Attorney General R Venkataramani said there is a difference between the Coast Guard and the Navy. He said that with the arrival of new ships it is now possible to include more male and female officers. He said that even though the petitioner would have left the service in 2023, the department would consider her appointment.

What questions did the judge ask?

The Chief Justice asked that when male officers are being given permanent commission then why not women? He said that there cannot be an excuse for not having a policy. The Attorney General responded that it was not a matter of gender discrimination and that the facilities in the Coast Guard were limited. The court did not agree with this. Justice Bagchi said that Priyanka Tyagi was also recommended by her senior officers. The lawyer told that Priyanka Tyagi was not even given child care leave and she had to go to Andaman leaving her 15 month old child.

What did the court have to say?

Chief Justice Surya Kant said that it would be fine if the Coast Guard itself accommodates them, otherwise the court will give orders. He said that Priyanka Tyagi is the most senior among the qualified officers and she cannot be allowed to be insulted like this.

Got promotion but why away from permanent appointment?

Priyanka Tyagi was appointed as the Assistant Commandant in 2009. Later he was promoted. She had applied for permanent commission, but the department said that there is no such system for women. His service was terminated in 2023, against which he had approached the court.

How old is this dispute?

The controversy started from 2009 itself. Assistant Commandant Priyanka Tyagi served in the Coast Guard through Short Service Appointment (SSA) for more than 14 years. She monitored the sea, performed her services responsibly but the Coast Guard refused to give her permanent commission because she was a woman. He was ordered to be released from service. He had approached the court against this order.

What does the Supreme Court want?

While hearing this case in 2024, the Supreme Court had directed the Central Government to promote gender equality in defense services. In April 2024, the court had ordered the Coast Guard to reinstate Priyanka Tyagi on the same post. The case was heard again on August 19. The Supreme Court has termed the Coast Guard policy as vague and arbitrary and said that a decision should be taken on permanent appointment. If this does not happen then the court itself will issue the appointment order. The court says that if male officers can get permanent commission then why can't women be given it. The court says that women cannot be insulted.

Why were women not given permanent commission?

An officer, who has taken voluntary retirement from the Coast Guard, said on condition of anonymity, 'The Coast Guard is different from the normal army or paramilitary forces. Ships are limited, it was difficult earlier to provide separate facilities for women, toilet and cabin arrangements. They have to stay in the sea for a long time. A new framework is needed for women. Even in the old rules, the option of converting women into permanent entry was closed. After the orders of the Supreme Court, permanent appointments started taking place in Army-Navy-Air Force but it was not approved in Coast Guard. It is not yet clear what process the Coast Guard Department will proceed with after the Supreme Court's instructions.