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- The termination order was issued under the 1977 Army instruction–which was later withdrawn in 1995.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.
Issues concerning Women in labour force:
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