‘Gender Discrimination and Inequality’: SC on Termination of Ex-Military Nurse on Ground of Marriage

Hearing a plea of the terminated woman nursing officer in the Military Nursing Service, a bench comprising justices Sanjiv Khanna and Dipankar Datta ruled that the move was a "coarse case of gender discrimination and inequality" while directing the respondents to pay her Rs 60 Lakh as a full and final settlement, reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court has said that the termination of a woman nursing officer, in the Military Nursing Service, on the ground of marriage is a coarse case of gender discrimination and inequality, and directed the Centre pay her Rs 60 Lakh as a full and final settlement. A bench comprising justices Sanjiv Khanna and Dipankar Datta said it is unable to accept any submission that the woman officer, 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”, said the bench, in an order passed on February 14.

The bench added that the acceptance of such “patriarchal rule undermines human dignity, right to non-discrimination and fair treatment and 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”, said the bench.

The bench noted that the “conclusion drawn in the impugned judgment that the respondent – Ex. Lt. Selina John’s release from the Military Nursing Service was wrong and illegal, does not require any interference, in spite of the arguments raised, questioning the reasoning given by the Armed Force Tribunal, Regional Bench, Lucknow”.

The apex court observed that Army instruction titled "Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service", as informed, has been withdrawn by a subsequent letter dated August 29, 1995.

The bench noted that, during the course of hearing, it was fairly pointed out by the learned counsel for the respondent that the officer did work as a nurse for a short time in a private organisation.

“Keeping in view the facts and circumstances of the present case, we direct the appellant(s) to pay compensation of Rs.60,00,000/- (rupees sixty lakh only) to the respondent – Ex. Lt. Selina John within a period of eight weeks from the date a copy of this order is served/made available to them”, said the bench.

It added: “In case the payment is not made within a period of eight weeks, the appellant(s) will pay interest at the rate of 12 per cent per annum from the date of this order till the payment is made”.

The apex court said compensation of Rs.60,00,000, will be in full and final settlement of all the claims of the officer against the appellants. “The impugned judgment directing the reinstatement of the respondent – Ex. Lt. Selina John with back-wages etc. will be treated as modified in terms of the above direction. Recording the aforesaid, the appeal is disposed of in the above terms”, said the bench, modifying the tribunal’s order.

The Armed Forces Tribunal had ruled in favor of the woman officer. The Union of India and others moved the apex court challenging the tribunal’s order.