Termination Of Employment On The Grounds Of Marriage

Despite enormous advancements toward achieving gender parity, prejudice against women continues to persist in many areas of society. The most common setting is the military, wherein outdated procedures often promote inequality, especially with regard to women. A prominent instance of this is the practice of removing married women from the armed forces, which is based on outdated assumptions and stereotypes regarding gender.

Significance of Women in Armed Forces

As long as a candidate satisfies the requirements, gender shouldn't be a factor in the military recruiting process, many women in armed forces are in greater physical condition than many men deployed into war.

• Eliminating Gender Stereotypes: Women who enlist in the military can contribute to the advancement of gender equality and the dismantling of gender stereotypes. This could promote more respect for women as well as their abilities in society at large, which would be beneficial.
• Maintaining the Right to Equality: The denial of opportunities to eligible women was a violation of Articles 14, 15, 16, and 19 of the Constitution, which preserve the values of equality and permit equal, non-discriminatory possibilities at work.
• Military Readiness: Maintaining a diverse workforce enables the military to remain powerful. The military is deeply concerned about declining rates of recruitment and retention. Women in armed forces can be allowed to participate in combat roles to remedy this.

Why in the News?

Case Name: Union of India vs Ex. LT. Selina John

Facts of the Case:

• In this case, the former Lieutenant Selina John was granted admission as a trainee at Army Hospital, Delhi, after being chosen for Military Nursing Services. She received a commission in the MNS at the rank of Lieutenant. She eventually got married to Maj Vinod Raghwan, an officer in the Army.
• She did, however, leave the Army after being assigned to the rank of Lieutenant (Lt). Her services were terminated by the relevant order without providing her with a notice of cause, a hearing, or a chance to present her case amounting to course gender discrimination. In addition, the order indicated that her termination was the reason to her marriage.
• After being fired from her position, she filed a complaint with the Armed Forces Tribunal (AFT) in 2012. The AFT found in her favour and ordered her to be reinstated. In 2019, the Indian government filed an appeal with the Supreme Court.

Issue of the Case:

• Is the termination of a woman from the army on the grounds of marriage is subject to course gender discrimination?

Judgment of the Supreme Court:

• The Court held the termination on grounds of marriage to be manifestly arbitrary in nature.
• Justice Sanjiv Khanna and Justice Dipankar Datta's bench stated that firing a worker because she got married is an extreme example of gender inequality and discrimination. They also said that upholding such a patriarchal rule compromises people's rights to fair treatment, dignity, and non-discrimination.
• The court emphasized that policies that discriminate against women on the basis of marriage or domestic duties are unlawful and that no law or regulation can excuse gender bias.
• In light of John's subsequent job with a private company, the court changed the AFT order and decided to give her compensation of Rs 60 lakh on the termination on grounds of marriage. The Center was given eight weeks to make the payment; if not, interest at the rate of 12% annually would be charged.

Therefore, a "coarse case" of gender discrimination as well as inequality occurs when a woman's services are terminated due to her marriage under a service rule; the acceptance of such patriarchal standards compromises human dignity.

Promoting the idea of meritocracy, in which people are chosen on the basis of their talents rather than their gender, is crucial to achieving this goal.

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