The top court directed the Center to pay John compensation of Rs 60 lakh
Terminating the services of a woman due to a service-line marriage is a gross case of gender discrimination and inequality, and acceptance of such patriarchal norms undermines human dignity, the Supreme Court said.
The Supreme Court made this pointed observation in a case in which former Lieutenant Selina John was fired from her job in the Military Nursing Service due to her marriage.
The top court directed the Center to pay John compensation of Rs 60 lakh.
We cannot accept any argument that the respondent Ex. Lt. Selina John, who was a permanent commissioned officer in the Military Nursing Service, could have been released/discharged on the grounds that she was married.
It is believed that this rule only applied to female nurses. Such a rule was apparently arbitrary ex-facie, as terminating employment because the woman is married is a gross case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, the right to non-discrimination and fair treatment, a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The order came after an appeal by the central government against an order of the regional bench of the Armed Forces Tribunal in Lucknow, declaring John’s release from service as wrong and illegal. The court said the tribunal’s order did not require any interference.
It noted that her service was terminated under Army Instruction No. 61 of 1997, entitled General Conditions for the Award of Permanent Commissions in the Military Nursing Service, which was withdrawn in August 1995.
Taking into account the facts and circumstances of the present case, we direct the appellant (Union of India) to pay compensation of Rs sixty lakh to the respondent within eight weeks, the apex court said.
However, it modified the tribunal’s order reinstating John, along with back wages and other benefits, saying the compensation would be the full and final settlement of all the ex-officer’s claims.
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First print: February 21, 2024 | 8:22 PM IST