Justice Hima Kohli: Gender Equality In The Armed Forces Will Have Cascading Effect, Aid In Eliminating Patriarchy

Supreme Court Justice Hima Kohli stated on Saturday that finding and recognising female role models within the armed forces, and publicly claiming them, would go a long way towards creating a more inclusive and equitable environment for all members of the armed forces.

Justice Kohli was speaking at the Institute of Military Law’s seminar, ‘Evolution and Future of Military Jurisprudence – An Indian Army Perspective,’ held at Manekshaw Auditorium in New Delhi.

Justice Kohli stated that such equality in the armed forces will have a cascading effect and will set the tempo for society to follow suit and promote gender equality and the abolition of patriarchy.

In this context, Justice Kohli chose to highlight the recent Supreme Court verdict that opened doors for permanent commission of women in armed forces.

“This decision to grant women permanent commission has created a whole new world of opportunities for young and aspiring women who are seriously considering a career in the armed forces. They now have assurance that their careers will not be cut short in the middle, but may blossom into a permanent commission if they meet the criteria,” Justice Kohli stated.

Justice Kohli described the Indian armed forces as a profession that values diversity and recognises the contributions of all its members, regardless of gender.

Justice Kohli highlighted that seeing women in positions of power and command would demonstrate to all young women in society that they could not only serve in the armed forces but also lead from the front.

“This will motivate the next generation of female leaders to break down gender barriers. Women officers can now compete for all command positions, putting them on an equal footing with their male counterparts, “Justice Kohli added.

Justice Kohli also emphasised the importance of the rule of law, since the military justice dispensation system was summary in nature, transparency and accountability must be doubled.

Rule of law, Justice Kohli believes, is the foundation of any democratic society and is based on the principle that all individuals, no matter how high and mighty they are, must be subject to the law of the land and held accountable for their actions.

Justice Kohli added, “It ensures that no one can be punished without following the due process of law. The rule of law is an essential component of the basic structure of India’s Constitution.”

Justice Kohli also emphasised the importance of the Judge Advocate General (JAG) department to keep abreast of technological advancements.

“From my experience over the past three years, I can assure you that virtual hearings and virtual court rooms have gone a long way in enabling access to justice from the most remote parts of the country,” Justice Kohli stated.

The Supreme Court judge also stated that this facility could be used for conducting court martials and summary trials where witnesses who need to depose but cannot be physically summoned can log in virtually from anywhere in the country and arguments can be addressed.

Justice Kohli believes it is critical to examine how the investigating agencies gather evidence during the pre-trial stage and during the course of the trial.

Justice Kohli stated, “It is time to modernise by utilising technology to establish the authenticity of the evidence, sound source tracing, proper chain of custody, and forensic analysis.” She also emphasised the benefits of the Alternate Dispute Resolution (ADR) mechanism for a more cost-effective and quick solution.

“They have the potential to improve relationships between parties by resolving conflicts cooperatively and amicably. ADR can also assist in reaching an agreement that is acceptable to all parties involved, allowing them to return satisfied with the prospect of a peaceful resolution facilitated by a trained mediator,” Justice Kohli added.