In a landmark ruling, the Supreme Court of India has declared the dismissal of women from employment due to family circumstances such as marriage and maternity as unconstitutional and against the law. The verdict came in response to a case filed by Selina John, a former member of the Military Nursing Service (MNS), who challenged her termination from service on the grounds of marriage.
Selina John, commissioned into the MNS in 1982, served diligently in the Army Hospital in Delhi before being promoted to the rank of Lieutenant in 1985. However, her career trajectory took an unexpected turn when she tied the knot with an army officer in 1988. Soon after her marriage, she was dismissed from her position without prior notice or consultation.
Seeking justice, Selina John approached the Allahabad High Court, which directed her to pursue her case through a military tribunal. The tribunal, upon hearing her plea, unequivocally stated that termination based on marital status was unjust and ordered the central government to reinstate her with a compensation of Rs 60 lakh. However, the Central Government challenged this decision in the Supreme Court.
A bench comprising Justices Sanjiv Khanna and Dipankar Dutta brought an end to Selina John's 36-year legal battle by upholding the tribunal's decision. In their ruling, the Supreme Court underscored the importance of gender equality and condemned discriminatory practices based on marital status. The court emphasised that laws and regulations promoting gender bias have no place in a modern society and declared the dismissal of women employees due to family circumstances as unconstitutional.
“Acceptance of such a patriarchal rule undermines human dignity and right to non-discrimination,” the court said while hearing an appeal by the Centre challenging an Armed Forces Tribunal order for her reinstatement.
The Supreme Court's verdict sets a significant precedent in the fight against gender discrimination in the workplace. It reaffirms the fundamental rights of women to pursue their careers without facing obstacles based on family. The ruling is not only a victory for Selina John but also a milestone in the ongoing struggle for gender equality in India's workforce.
As India progresses towards a more inclusive and equitable society, it is imperative for employers and policymakers to uphold the principles of gender equality. This landmark judgment serves as a reminder of the importance of creating a conducive environment where women can thrive professionally without fear of discrimination or prejudice.
The Supreme Court's ruling in Selina John's case marks a significant step towards achieving gender equality in the workplace. By striking down discriminatory practices and upholding the rights of women employees, the court has reaffirmed its commitment to justice and equality for all. It is a victory not only for Selina John but for women across the nation striving for equal opportunities and recognition in their professional pursuits.