PIL against caste-based jobs in Army quashed

Indian Military Veterans

Legal Correspondent

New Delhi, February 11
The Supreme Court today dismissed a PIL seeking abolition of the Army's practice of recruiting personnel on the basis of caste, religion and region in some regiments. A Bench comprising Justices TS Thakur and C Nagappan rejected the petition filed by IS Yadav, a medical practitioner from Haryana, observing that he had no locus standi to raise the issue as he was not an affected person on account of Army’s recruitment policy.

Pointing out the existence of Rajput, Sikh, Gorkha, Naga, Jat, Rajasthan and Maratha regiments, the petitioner had contended this was quite contrary to the government’s claim that the Army was truly secular. Recruitments based on such a policy “is against the constitutional mandate of equal treatment which the state is expected to extend to all its citizens.”

These regiments created a feeling of pride among some communities, but at the same time made people from other sections and regions feel that they were inferior. “This is unhealthy and against the interest of the Army itself and the larger interests of the nation,” the PIL said.

Pointing out that the Army was recruiting 1.5 million people, the petitioner had argued that such a major source of employment could not be the monopoly of select sections of people as all the communities had the traits of talent and bravery.

Responding to the SC notice, the Centre and the Army had pleaded for the dismissal of the PIL as such recruitments were followed even by India’s neighbours for optimising operational efficiency. Further, recruitment restrictions were there only in the Presidential guards, who could be from only the Jat, Sikh and Rajput regiments, and nowhere else, it was contended. The government had also maintained that once the recruitments were done all were treated alike and there was no discrimination.

What the plea said

• Pointing out the existence of Rajput, Sikh, Gorkha, Naga, Jat, Rajasthan and Maratha regiments, the petitioner had contended this was quite contrary to the government's claim that the Army was truly secular
• The Centre and the Army had pleaded for the dismissal of the PIL as such recruitments were followed even by India's neighbours for optimising operational efficiency