The Supreme Court recently remarked that terminating the employment of a woman on the grounds of her marriage constitutes a blatant instance of gender discrimination and inequality.
UOI & Others vs Ex Lt. Selina John case
On February 14, a bench of justices Sanjiv Khanna and Dipankar Datta issued a directive during a case hearing involving the dismissal of former Lt. Selina John, a permanent commissioned officer of the Military Nursing Service (MNS), from the army in August 1988.
The release order cited the termination of her employment on the basis of her marriage in April of that year, as well as her purportedly low grade in the annual confidential report (ACR).
The termination order was issued under a 1977 Army instruction titled “Terms and conditions of service for the grant of permanent commissions in the Military Nursing Service,” which was subsequently withdrawn in 1995.
In March 2016, the Armed Forces Tribunal (AFT) in Lucknow overturned John’s release order, instructing her reinstatement with back wages. Subsequently, in August of the same year, the Centre challenged this decision in the Supreme Court.
Instance of Patriarchy
In their statement, Justices Sanjiv Khanna and Dipankar Datta emphasized that terminating employment based on marriage is a clear instance of gender discrimination and inequality. They further asserted that endorsing such patriarchal norms undermines human dignity, the right to non-discrimination, and fair treatment. 
The Supreme Court’s action is a welcome step forward, demonstrating a decisive stance against the entrenched patriarchy that has long afflicted women in India. At a time when the discourse is centered on women’s empowerment, addressing such discriminatory practices against women is crucial.
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