The Aryavarth Express
Agency (New Delhi): In a landmark judgment, the Supreme Court of India, led by Justices Sanjiv Khanna and Dipankar Datta, upheld the rights against gender discrimination in the case of Union of India and Others vs. Ex. Lt. Selina John (Civil Appeal No. 1990 of 2019). The Court concluded that the release of Ex. Lt. Selina John from the Military Nursing Service due to her marriage was not only wrongful but also illegal, constituting a clear case of gender discrimination.
The Supreme Court rejected the arguments questioning the reasoning given by the Armed Force Tribunal, Regional Bench, Lucknow. It was acknowledged that the rule, which was only applicable to women nursing officers, was manifestly arbitrary and discriminatory. The judgment emphasized that terminating employment based on marriage undermines human dignity and is a blatant form of gender inequality, violating constitutional rights.
The Court noted that Army Instruction No. 61 of 1977, which dealt with the terms and conditions of service for permanent commissions in the Military Nursing Service, had been withdrawn in 1995.
Considering the circumstances, the Supreme Court directed the appellants to compensate Ex. Lt. Selina John with Rs. 60,00,000 (Rupees Sixty Lakhs only) within eight weeks from the date of the order. In case of non-compliance within the specified time, the appellants would be liable to pay interest at the rate of 12% per annum from the date of the order until payment is made.
The compensation was declared as a full and final settlement of all claims by Ex. Lt. Selina John against the appellants. This decision marks a significant step in the fight against gender discrimination in employment and reinforces the constitutional rights of equality and non-discrimination.
