Women frequently confront multiple hurdles while working. While these problems may be sociological, they are also subject to discriminatory laws. The Supreme Court recently ruled on a case in which a government employee challenged a similar discriminatory law. The Supreme Court ruled that any statute that considers female employees' marriages and home duties grounds for incompetence is unconstitutional.
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In a major decision, the Supreme Court ordered the Central Government to pay a compensation of Rs 60 lakh to a former permanent commission officer of the Military Nursing Service who was fired after marrying in 1988. After the Armed Forces Tribunal later decided to restore the lady, the Supreme Court hearing the case noted that ' such paternalistic norms violate the rights of equality'. This marked the end of the woman officer's three-decade-long court battle.
The court stated that such a provision was unfair because suspending work due to a female employee’s marriage involves gender discrimination and inequality. Gender-biased rules are constitutionally unacceptable. In 1982, John joined the Military Nursing Service as a trainee in the Army Hospital in Delhi, following the procedures.
What was the law?
The court was also informed that Army Instruction No. 61 of 1977, titled 'Terms and Conditions of Service for the Grant of Permanent Commissions in the Military Nursing Service', was rescinded by a subsequent letter on August 29, 1995. Accordingly, appointment termination may occur based on the Medical Board's determination of unfitness for service, marriage, or misconduct.
However, the ruling was withdrawn in 1995, while the case was still underway. The court ruled that former Lieutenant Selina John was a permanent commission officer in the Military Nursing Service who could not be fired simply because she married. The rule only applies to female nursing officers. In its ultimate decision, the court stated that being terminated from employment due to marriage was both erroneous and illegal.
Court’s Observation:
This restriction, it is accepted, was solely applicable to female nursing officials. Such a law was arbitrary, as dismissing work because a woman has married is a blatant example of gender discrimination and inequality. Justices Sanjiv Khanna and Dipankar Datta argue that accepting such patriarchal control undermines human dignity as well as the right to non-discrimination and fair treatment.
The ruling came after the central government filed an appeal against an order issued by the Armed Forces Tribunal's Lucknow regional bench declaring John's release from duty to be incorrect and illegal. The bench stated that the tribunal's order did not warrant any interference.
Women fought a long and onerous campaign for gender equality in the Army, they were granted permanent commissions in 2020 and 2021. Words to the effect that the Indian Army is encouraging more women to join the army must be supported by actions.
The civilian space isn't much better, women are frequently asked awkward personal questions during employment interviews. They are probed about their future goals for marriage and motherhood. If women's labor participation in the workforce is to increase — according to the most recent Periodic Labour Force data (October-December 2023), India's is an abysmal 19.9% for women of all ages - impediments to education, jobs, and opportunity, as well as bullying mindsets, must be removed.
Many girls, particularly those from low-income families, are forced to drop out of school for a variety of reasons, ranging from financial constraints to a lack of adequate bathroom facilities. The UN's Gender Snapshot 2023 provided a grim picture of where the world is on gender parity, pointing out that if course correction measures are not taken, the next generation of women will still spend a disproportionate amount of time on housework and duties compared to men, and will stay out of leadership roles.
The government's plans for girls and women will be meaningless if they are forced to follow restricted social and cultural norms. The Court's statements that policies making a marriage of female employees and domestic engagement a reason for disentitlement are unconstitutional should be heard by all organizations so that the workplace becomes an enabler rather than a barrier.
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Adv Vipul Singh Raghuwanshi
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