HC questions AFT authority to assess Navy gender rules

A full bench of the Delhi high court has sought the Union defence ministry's stance on whether the Armed Forces Tribunal (AFT) has the authority to assess the constitutionality of the provision in the Navy Act that excludes transgender individuals from being eligible for appointment in the Navy.

- Shruti Kakkar

Section 9 specifies the eligibility criteria for joining the Indian Navy or the Indian Naval Reserve Forces, stipulating that only Indian citizens can be appointed. It provides that women are ineligible for appointment or enrolment, except in certain departments, branches, or roles as notified by the central government.

A bench of chief justice DK Upadhyay, and justices C Hari Shankar and Om Prakash Shukla, on October 17, asked the Centre to specify if AFT could also adjudicate on the constitutional validity of statutes other than the Armed Forces Tribunal Act, 2007.