Delhi HC rejects PIL seeking formation of Gujjar regiment in Indian Army

The bench, comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, emphasised that government policy mandates equal recruitment opportunities for all citizens, irrespective of class, creed, region, or religion. Expressing dissatisfaction with the plea, the bench criticised the petitioner's attempt to seek the formation of a regiment based on a specific caste.

The bench questioned the legal and constitutional basis for the petition, asking the petitioner whether any law or provision in the Constitution grants the right to demand the formation of a separate regiment in the Army. The court emphasised that regiments are formed by integrating people from various regions and communities to uphold national unity.

Acknowledging the court's objections, the petitioner's counsel opted to withdraw the plea. Consequently, the bench disposed of the matter, declaring it dismissed as withdrawn.

During the hearing, Advocate Monika Arora, representing the Union of India, informed the court that since Independence, the government has maintained a policy of not forming new regiments based on specific communities, classes, religions, or regions to ensure equitable recruitment opportunities.

She further highlighted that various petitions, VIP references, parliamentary questions, and private member bills have sought the creation of new regiments based on historical figures, national heroes, and regional identities. Still, the government has remained steadfast in its policy.

Petitioner Rohan Basoya contended that the Gujjar community has a long-standing history of bravery, citing their participation in the 1857 Revolt, Indo-Pak Wars of 1947, 1965, and 1971, the Kargil War (1999), and counterinsurgency operations in Jammu & Kashmir. Despite this legacy, they have not been granted a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras.

The plea further argued that the Indian Army has historically maintained ethnic-based regiments to recognise the contributions of specific communities to national defence. The exclusion of Gujjars, the petitioner asserted, creates an imbalance in representation and violates their constitutional rights under Articles 14 and 16 of the Indian Constitution. Establishing a Gujjar Regiment would provide equal opportunities, enhance recruitment, and strengthen national security.

Additionally, the plea stated that the demand for a Gujjar Regiment has been raised multiple times, yet the government has taken no concrete steps. Given the community's significant presence in border regions such as Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar Regiment would also serve strategic military interests in counterinsurgency and border security operations. (ANI)