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SC orders female inspector be promoted as WASP despite lack of inches
She was told by Police higher ups that she was not tall enough to be a gazetted officer. Woman Inspector Bimshani Jasin Arachchi went before the Supreme Court (SC) to challenge the long arm of the law which had discriminated against her. The SC upheld her plea and she will now become an Assistant Superintendent of Police.
A Bench comprising the Chief Justice Mohan Pieris, Justices Priyasath Dep and Rohini Marasingha ordered her promotion to the rank of woman Assistant Superintendent to be back dated to 2007. Petitioner IP Bimshani Jasin Arachchi of Julampitiya, Weeraketiya – a lecturer attached to the Police Higher Training Institute at Attidiya – complained to the Court that she was not promoted as a WASP because she was shorter than the stipulated height of five feet and six inches.
Such criterion, she pointed out, was discriminatory because it stipulated both male and female ASPs to be of the same height i.e. five feet six inches. Whereas, she pointed out, when recruiting officers to the Police Department through open exams the height requirement for women police constables is 5’, which is four inches less than for male candidates which is 5’4”.
Similarly, the minimum height requirement for women sub-inspectors is 5’2” and maintaining the same four inches difference the minimum height requirement for male candidates is 5’6’’, she argued. She further argued that doing away with the four inch height differences of male and female ASP candidates is discriminatory of the female candidates and would go against their legitimate expectations to get promotion i.e. to the rank of WASP since it was impossible to increase their heights subsequently after their initial appointments as women sub-inspectors.
Although her appeal against the non-promotion was favourably received and recommended by her immediate superiors it was rejected by the predecessor of the first respondent IGP Jayantha Wickramarathne. The Human Rights Commission held in her favour and recommended the petitioner be promoted and her appointment backdated to 2001 or to promote her with the next batch of IPs to the rank of WASP. However, she pointed out, none of these recommendations were given effect to.
As she was assigned to the UN peace keeping mission in East Timor she could not keep track on her appeals for around one year until her return in February 25, 2008. She stated that another batch of 18 ASPs were appointed and they were to start their training in November 2008. However, the National Police Commission had not informed her that she could be promoted with that batch in terms of the recommendations of the Human Rights Commission.
She said she filed the instant application in 2008, as she had reasonable fears that she would not be included in the batch of 18 ASPs.
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