The Supreme Court recently observed that the termination of a woman nursing officer on the grounds of marriage is a coarse case of gender discrimination and inequality. The Division Bench of Justice Sanjiv Khanna and Justice Dipankar Datta also echoed that rules on the basis of which such women officers were terminated because of their marriage are unconstitutional.
The top court in its order stated that the acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. It added that laws and regulations based on gender-based bias are constitutionally impermissible.It also noted that rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional.
The petitioner was selected for Military Nursing Services and joined as a trainee at Army Hospital, Delhi. She was given a commission to the rank of Lieutenant in the MNS. Following, she entered into wedlock with an Army officer, namely, Maj Vinod Raghwan.
Nonetheless, the woman nurse was released from the Army while serving in the rank of Lieutenant (Lt). The order dispensed with her services without serving any show cause notice or opportunity of hearing or opportunity to defend her cause. Additionally, the order also showed that she was released on the grounds of marriage.
Notably, the MNS Branch was governed by Army Instruction No. 6 of 1977, titled: Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service. According to the aforesaid rule, termination of appointment may be done on the opinion of the Medical Board to be unfit for service or getting married or for misconduct.
The case initially went to the Armed Forces Tribunal, Lucknow, which had set aside the impugned order and also granted all consequential benefits and back wages. The Tribunal further granted restoration of her service. Meanwhile, the Union approached the Top Court.
During the hearing, the Court noted that these rules were only applicable to women and held such to be manifestly arbitrary. It further remarked that Army Instruction No. 61 of 1977 has been withdrawn.
Taking cognizance of the fact that the respondent worked as a nurse in a private organization, the Court modified the Tribunal’s order for reinstatement. The Court ordered the Union to pay the petitioner compensation of Rs.60,00,000. The apex court also clarified that this shall be in full and final settlement of all the claims.