“Coarse Case Of Inequality” Supreme Court On Termination Of Women Officer On Ground Of Marriage

Supreme Court recently in its observation of a case in which a woman was terminated from the service upon her marriage stated that it “is a coarse case of gender discrimination and inequality”. The apex court has also directed the Central government to pay an amount of Rs 60 lakh to the former military nurse.

The military nurse was terminated from her job citing a now-defunct Army order that provided marriage as a ground of such action.

The directive was made by the bench consisting of Justice Sanjiv Khanna and Dipankar Datta on February 14 in a case in which a permanent commissioned officer former Lt Selina John of the military nursing service (MNS) was removed from service by the army in August 1988. The release order said that the nurse was terminated as she got married in April and obtained a low grade in the annual confidential report (ACR).

The termination order was passed under a 1977 Army instruction titled, “Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service”. This was later struck down in 1995.

This 26-year legal battle has now come to an end for the women officer.

In March 2016, Selina’s release order was set aside by the Armed Forces Tribunal (AFT), Lucknow, which directed her reinstatement with back wages. But in August this year, the central government challenged the appeal in the top court. The bench after dismissing the center’s appeal, said, “We are unable to accept any submission that the respondent – Ex. Lt. Selina John – could have been released/discharged on the ground that she had got married. 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.”

The court further added that acceptance of such patriarchal rule undermines human dignity, the right to non-discrimination, and fair treatment. The court has ordered the central government to compensate Selina with a sum of Rs 60 lakh. In case of a delay in the payment, an interest of 12% per annum will be charged on the amount from the date of the order till the date of payment.

(with inputs from Live Law)