Supreme Court deems job termination over marriage coarse inequality
PTC News Desk: The Supreme Court recently denounced the termination of a woman's employment due to her marriage as a "coarse case of gender discrimination and inequality." The apex court directed the Centre to pay a compensation of Rs 60 lakh to a former military nurse who was dismissed from service under a defunct Army regulation that cited marriage as grounds for termination.
The case revolved around former Lt. Selina John, a permanent commissioned officer of the Military Nursing Service (MNS), who was discharged from service by the army in August 1988 upon her marriage earlier that year and receiving a low grade in her annual confidential report (ACR).
The termination order was based on a 1977 Army instruction titled "Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service," which was revoked in 1995. In March 2016, the Armed Forces Tribunal (AFT) in Lucknow overturned John's dismissal order, directing her reinstatement with back wages. The Centre challenged this decision in the Supreme Court in August the same year.
Rejecting the Centre's appeal, the bench emphasised the inherent discrimination in terminating a woman's employment due to marriage, labeling it as a violation of gender equality. The court underscored that such patriarchal rules undermine human dignity and constitutional rights.
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Citing previous judgments, the court reiterated that no law or regulation can justify gender bias, and any rules discriminating against women based on marriage or domestic responsibilities are unconstitutional. Considering John's subsequent employment with a private organization, the court modified the AFT order, awarding her Rs 60 lakh as compensation. The Centre was directed to make the payment within eight weeks, failing which an interest of 12 per cent per annum would be levied.
The 1977 army regulation permitted termination of appointment in the MNS on three grounds: medical unfitness, marriage, and misconduct. John argued before the AFT that she was not given a fair hearing regarding her ACR grading and alleged personal bias from the principal matron under whom she served, who opposed her marriage to an army officer.
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(Inputs from agencies)
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