Can A Woman Be Terminated From Job If She Gets Married? SC Delivers Big Verdict

Women often face several challenges while working. While these challenges may be societal, sometimes they face discriminatory laws as well. Verdict in one such case was recently delivered by the Supreme Court in which a government employee challenged a similar discriminatory law. Delivering the verdict, the apex court said any law that deems the marriage of female employees and their domestic responsibilities as grounds for incompetence is unconstitutional.  

In a significant ruling, the top 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 terminated from her job after marriage in 1988.  

After the Armed Forces Tribunal later decided to reinstate the woman, the Supreme Court, hearing the case, stated, 'such paternalistic rules violate the rights of equality’. With this, the legal battle of the woman officer, spanning three decades, came to an end.   

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‘Terms and conditions of service for the grant of permanent commissions in the 'Military Nursing Service', has been withdrawn by a subsequent letter on August 29, 1995. According to which appointment termination can occur based on the Medical Board's judgement regarding unfitness for service, marriage, or misconduct.  However, in 1995, when this case was ongoing, the rule was withdrawn. The court asserted that former Lieutenant Selina John was a permanent commission officer in the Military Nursing Service, and it cannot be accepted that she could be terminated because she got married. This rule applied only to female nursing officers. In its final verdict, the court stated that being dismissed from the Military Nursing Service was incorrect and illegal.  

The court remarked that such a rule was arbitrary since terminating employment due to a woman's marriage constitutes gender discrimination and inequality. Rules based on gender bias are constitutionally unacceptable. John joined the Military Nursing Service under the rules in 1982, serving as a trainee at the Army Hospital in Delhi.