In a landmark judgment, the Supreme Court has declared the termination of a military nurses employment based on her marriage as a coarse case of gender discrimination. The court also said that any law rooted in gender bias is constitutionally impermissible. The ruling came in response to Selina Johns plea, who was dismissed from service in 1988 upon her marriage while serving as a Lieutenant in the Military Nursing Service.After approaching the Armed Forces Tribunal in 2012, which ruled in her favor, John faced an appeal from the Centre in 2019. However, the Supreme Court upheld the tribunals decision, asserting that the rule allowing dismissal based on marriage, introduced in 1977 and withdrawn in 1995, was arbitrary and discriminatory.Apex Court says, Gender-based bias are constitutionally impermissibleIn its order dated February 14, the bench comprising Justice Sanjiv Khanna and Justice Dipankar Dutta stated that such rules undermine human dignity, non-discrimination, and fair treatment. They emphasized that laws or regulations based on gender bias are unconstitutional and violate fundamental rights.The apex court said, 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. SC orders ₹60 Lakh compensationWhile changing the tribunals ruling to reinstate John and provide back wages, the Supreme Court instead directed the Centre to pay ₹60 lakh in compensation. The court acknowledged Johns employment in a private organization for a brief period and mandated the compensation payment within eight weeks of receiving the order.
