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The Supreme Court (SC) on Wednesday ordered the Centre to pay Rs 60 lakh worth in damages to a military nurse who was dismissed from her service after her marriage. The top court ruled that the grounds of marriage were a "coarse case of gender discrimination."
Passing the order on a request by the military nurse, Selina John, the Supreme 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 issued an order in her favour, stating that she be reinstated. However, the Centre contested this ruling in the Supreme Court in 2019.
The top court bench ruled on February 14 that the Armed Forces Tribunal's decision 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1977 introduced rule, which allowed termination from the Military Nursing Service on the grounds of marriage, had been withdrawn in 1995.
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"Such a rule was ex facie manifestly arbitrary, as terminating employment because the woman has gotten married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, the right to non-discrimination, and fair treatment," the top court said.
It further stated in its order that laws and regulations based on gender-based bias are constitutionally impermissible. Rules making the marriage of women employees and their domestic involvement grounds for disentitlement would be unconstitutional.
The bench did, however, make changes to the Tribunal's judgment in terms of compensation. The Tribunal had asked the Centre to reinstate John and provide her wages. The Supreme Court instead ordered the Centre to pay Rs 60 lakh in damages.
Lieutenant John worked, for a short period, as a nurse in a private organisation as well, the bench further noted.
Meanwhile, the Centre has been given eight weeks, after receiving the court order, to complete the payment of compensation to John.
