The Supreme Court ruled that releasing a permanent commissioned officer in the Military Nursing Service for her marriage because of a patriarchal regulation is a “manifestly arbitrary and coarse case of gender discrimination and inequality”.
A bench of Justices Sanjiv Khanna and Dipankar Datta directed the Union government to pay Rs 60 lakh to Ex-Lt Selina John within eight weeks as a full and final settlement, ruling that her dismissal owing to her marriage was unconstitutional.
“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 said.
The Union government challenged the decision of Armed Forces Tribunal, Lucknow to reinstate her with all consequential benefits.
“We are unable to accept any submission that the respondent, who was a permanent commissioned officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married,” the bench said.
The bench ruled that laws and regulations based on gender bias are unconstitutional and that rules making marriage and domestic involvement of female employees a basis for disentitlement would be illegal.
The court ordered the Union government to pay the officer Rs 60 lakh as compensation within eight weeks.
