GS Paper I & II

News Excerpt:

In a case where a woman nursing officer was terminated from the Military Nursing Service on the grounds of marriage, the Supreme Court firmly termed the same to be a 'coarse case of gender discrimination and inequality'.

Background of the case:

• Former Lt Selina John, a permanent commissioned officer in the Military Nursing Service (MNS) was terminated in August 1988, citing her marriage and a low grade in the annual confidential report (ACR). 
• The termination order was issued under the 1977 Army instruction–which was later withdrawn in 1995.
• The Armed Forces Tribunal Lucknow overturned John’s release order in March 2016, directing her reinstatement. 
• In response, the Centre challenged the decision in the Supreme Court in August of the same year.

Supreme Court’s verdict:

• Dismissing the Centre’s appeal, the Supreme Court maintained that releasing or discharging an employee based on marriage is arbitrary and constitutes gender discrimination.
• The court firmly rejected the patriarchal rule that led to her termination, emphasizing that such actions undermine human dignity, the right to non-discrimination, and fair treatment. 
• The Court also granted her full and final settlement by ordering the Centre to compensate her with Rs.60 lakh. 
• This landmark Supreme Court decision not only addresses the specific case of Selina John but also sends a powerful message against gender discrimination in the workplace, reinforcing the principles of equality, non-discrimination, and fair treatment.

Observations:

• 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 Court’s words that rules making marriage of women employees and their domestic involvement a ground for disentitlement are unconstitutional should be heard by all organisations so that the workplace becomes an enabler, and not a hurdle.