The Supreme Court on Wednesday observed that terminating the services of a woman on account of marriage under a service rule is a “coarse case” of gender discrimination and inequality, and acceptance of such patriarchal norms undermine human dignity.
The apex court was hearing a case where former lieutenant Selina John was released from her job in the Military Nursing Service on account of her marriage.
The apex court in its order said that “Keeping in view the facts and circumstances of the present case, we direct the appellant (Union of India) to pay compensation of Rs sixty lakh to the respondent within eight weeks,”
A bench of Justices Sanjiv Khanna and Dipankar Datta said 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. Such rule was ex-facie manifestly arbitrary, as terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment,” the bench added The order came on the appeal by the central government against an order of the Lucknow regional bench of the Armed Forces Tribunal declaring John’s release from service as wrong and illegal.
The bench said the tribunal’s order did not require any interference.
