Termination of woman's job due to marriage is coarse case of gender discrimination: SC
New Delhi, Feb 21: Terminating the services of a woman on account of marriage under a service rule is a "coarse case" of gender discrimination and inequality, and acceptance of such patriarchal norms undermine human dignity, the Supreme Court has said.
The apex court made the strong observation in a case where former lieutenant Selina John was released from her job in the Military Nursing Service on account of her marriage.
The top court directed the Centre to pay a compensation of Rs 60 lakh to John.
"We are unable to accept any submission that the respondent Ex. Lt. Selina John, who was a Permanent Commissioned Officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married.
"This rule, it is accepted, was applicable to only women nursing officers. 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," a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The order came on the appeal by the central government against an order of the Lucknow regional bench of the Armed Forces Tribunal declaring John's release from service as wrong and illegal. The bench said the tribunal's order did not require any interference.
It noted that her service was terminated according to Army Instruction no. 61 of 1997, titled Terms and Conditions of Service for the Grant of Permanent Commissions in the Military Nursing Service' which was withdrawn in August 1995.
"Keeping in view the facts and circumstances of the present case, we direct the appellant (Union of India) to pay compensation of Rs sixty lakh to the respondent within eight weeks," the apex court said.
It, however, modified the tribunal's order directing John's reinstatement along with back wages and other benefits, saying the compensation would be the "full and final settlement" of all claims made by the ex-officer.
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Mamata alleges BJP disrupted her Bhabanipur rally, Suvendu claims 'she's nervous'
Kolkata (PTI): Chief Minister Mamata Banerjee cut short her speech at a rally in her Bhabanipur constituency, alleging that the BJP was deliberately playing loud music from a nearby public meeting.
A peeved Banerjee said despite having the required permission of the Election Commission, her rally in Chakraberia was disrupted by the BJP, "who want to capture Bengal by intimidation and threat".
"It is not possible for me to go ahead with this meeting. If they can do such a thing in my constituency, imagine how undemocratic the BJP is. If they behave like this, I have to take legal action," she said.
"This is an insult, humiliation. BJP is stepping on our toes to instigate trouble. Not possible to address the gathering in this situation. I am leaving the stage. Please vote for me in your protest," she added.
Banerjee was then seen calling someone over and venting her grievances.
Before leaving the stage, she said, "I will hold a rally tomorrow at the same spot."
TMC supporters then rushed towards the BJP rally, which was later addressed by Leader of the Opposition Suvendu Adhikari, but security personnel intervened and prevented the situation from escalating.
TMC workers later staged a demonstration outside the local police station and filed a complaint, alleging that the BJP violated the model code of conduct.
A senior TMC leader said another complaint will also be lodged with the Election Commission.
Asked about Banerjee's allegations, Adhikari told reporters after the rally he held nearby, "Her reaction shows she is nervous about the imminent loss."
"There was no violence, no obstruction in her meeting and her behaviour shows her nervousness. On May 4, people of Bhabanipur will celebrate the victory of the BJP," he claimed, alleging that the TMC also tried to disrupt his meeting by playing loud music.
South Kolkata's Bhabanipur, one of the battleground seats in the West Bengal elections, will vote in the second phase on April 29.
