'Patriarchal, Constitutionally Impermissible': SC Rules In Favour Of Dismissed Army Nurse, Asks Centre To Pay 60L In Dues

The Supreme Court on Wednesday ordered the Centre to pay Rs 60 lakh worth damages to a military nurse who was dismissed from her service after her marriage. The top court said that the grounds of marriage was “coarse case of gender discrimination”.

Passing the order on a request by the military nurse — Selina John — the top court bench of Justices Sanjiv Khanna and Dipankar Dutta said that any law based on gender partiality is “constitutionally impermissible”, an NDTV report said.

At the time of her termination in 1998, John held the rank of Lieutenant. In 2012, she moved the Armed Forces Tribunal, which then ordered in her favour saying that she should be reinstated. However, the Centre challenged this order in the apex court in 2019.

The top court bench, in its order on February 14, held that the Armed Forces Tribunal’s judgment did not need any interference.

It noted that the 1977 introduced rule, which allowed termination from the Military Nursing Service on the grounds of marriage had been withdrawn in 1995.

“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,” the top court’s bench said.

It further said in its order, “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.”

However, the bench tweaked the Tribunal’s judgment in terms of compensation. The tribunal had asked the Centre to reinstate John and provide back her wages. The top court, instead, asked the Centre to pay Rs 60 lakh in damages.

Lt. John worked, for a short period, worked as a nurse in a private organisation as well, the bench noted.

The Centre has been given eight week’s time — after receiving the court order — to complete the payment of compensation to John.