The Supreme Court ruled that terminating a woman’s employment due to her marriage was a “coarse case of gender discrimination” and that any law based on gender bias is “constitutionally impermissible.” The Court also ordered the Center to reimburse a military nurse who was discharged from service after getting married for ₹ 60 lakh.
Judge Sanjiv Khanna and Justice Dipankar Dutta’s bench issued the ruling at Selina John’s request. John was let go after her 1988 marriage. She had been a Lieutenant at the time. In 2012, she filed an appeal with the Armed Forces Tribunal, which granted her request for reinstatement. Nonetheless, the Center filed an appeal with the Supreme Court in 2019 challenging the ruling.

“Such rule was ex facie manifestly arbitrary, as terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional,” the bench said in the order.

But the bench changed the tribunal’s decision, allowing the worker to be put back on the job and receive back pay. Rather, it requested ₹ 60 lakh in compensation from the Centre. The bench also took note of Lt John’s brief employment history as a nurse in a private company. The compensation must be paid, according to the court, within eight weeks of the Centre receiving the order.