Rules forcing women out of job for getting married ‘coarse’ and unconstitutional: SC

New Delhi: The Supreme Court recently slammed discriminatory rules that force women out of their jobs for getting married or having domestic issues, calling them “coarse gender discrimination” and plainly unconstitutional.

The court’s strong statement came in a case involving a female Military Nursing Service officer discharged for getting married. The rule, applicable only to women, was deemed “ex facie manifestly arbitrary” and a clear violation of the right to equality and non-discrimination.

The Division Bench of Justices Sanjiv Khanna and Dipankar Datta upheld the woman’s rights and directed the Union Government to compensate her with Rs 60 lakh within eight weeks, settling all her claims. This decision overturned an appeal by the government against a ruling in her favor by the Lucknow Bench of the Armed Forces Tribunal.

“Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional.,” the court recorded in its order.

The case involved Selina John, who was chosen for the Military Nursing Services and commenced her training at the Army Hospital in Delhi. After being commissioned as a Lieutenant in the MNS, she married an Army officer named Maj Vinod Raghwan.

However, while serving as a Lieutenant (Lt), she was discharged from the Army. The decision to terminate her services was made without providing her with a show cause notice, a chance to be heard, or an opportunity to present her defence. Additionally, the order indicated that her discharge was based on her marriage.