The Supreme Court has directed that the termination of a woman from her job upon her marriage is "a coarse case of gender discrimination and inequality," which is not permitted.
The SC bench, comprised of Justice Sanjiv Khanna and Justice Dipankar Datta, made the ruling recently in a case filed by a woman nursing officer who was terminated from the Military Nursing Service for getting married.
The SC said that “acceptance of such patriarchal rule undermines human dignity, the right to non-discrimination, and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement, would be unconstitutional”.
The case was registered by Selina John, who was a permanent commissioned officer in the Military Nursing Service.
In 1982, she was selected for the Military Nursing Service (MNS) and joined as a trainee at Army Hospital, Delhi. Later, in 1985, she was granted a commission to the rank of lieutenant in the MNS.
But after her marriage to a fellow Army officer, Major Vinod Raghwan, in 1988, the MNS terminated her job while she was serving as a Lieutenant (Lt). The order mentioned that she was terminated on the grounds of marriage.
As per the terms and conditions of the MNS for the Permanent Commission, termination of an appointment may be done in the opinion of the Medical Board as fit for service, getting married, or for misconduct.
Ex-Lt. John challenged her release in court, and after 26 years of legal battle, she got a verdict in her favor.
While giving the decision, the SC bench stated that "We are unable to accept any submission that the respondent - Ex. Lt. Selina John, who was a permanent commissioned officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married. This rule, it is accepted, was applicable to only women nursing officers."
Additionally, the SC bench also ordered the government to pay her a compensation of Rs. 60 lakh.
(Input from various sources)
(Rehash/Komal Bhoi/MSM