Terminating the
services of a woman on account of marriage under a service rule is a coarse
case" of gender discrimination and inequality, and acceptance of such
patriarchal norms undermine human dignity, the Supreme Court has said.
The apex court
made the strong observation in a case where former lieutenant Selina John was
released from her job in the Military Nursing Service on account of her
marriage.
The top court
directed the Centre to pay a compensation of Rs 60 lakh to John.
We are unable to
accept any submission 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 ground that she had got married.
This rule, it is
accepted, was applicable to only women nursing officers. 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, a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The order came on
the appeal by the central government against an order of the Lucknow regional
bench of the Armed Forces Tribunal declaring John's release from service as
wrong and illegal. The bench said the tribunal's order did not require any
interference.
It noted that her
service was terminated according to Army Instruction no. 61 of 1997, titled
Terms and Conditions of Service for the Grant of Permanent Commissions in the
Military Nursing Service' which was withdrawn in August 1995.
Keeping in view
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.
It, however,
modified the tribunal's order directing John's reinstatement along with back
wages and other benefits, saying the compensation would be the full and final
settlement of all claims made by the ex-officer.