Rules that edge out women from jobs due to marriage illegal: SC

Source-This post on Rules that edge out women from jobs due to marriage illegal: SC is based on the article “Rules that edge out women from employment for getting married are ‘coarse’, unconstitutional: Supreme Court” published in “The Hindu” on 20th February 2024.

Why in the News?

Recently, the Supreme Court made observations that rules forcing women employees to leave their jobs due to marriage or domestic issues constitute clear gender discrimination and are unconstitutional.

What observations were made by the Supreme Court?

Background: The observations were included in an order that affirmed the rights of a female officer in the Military Nursing Service who was discharged for getting married.

1. Incorrect and unlawful– The Supreme Court noted that her dismissal from service was both “incorrect and unlawful”, finding that the regulation against marriage applied solely to female nursing officers. The court found the regulation to be clearly arbitrary.

2. Gender discrimination and inequality:
a. The court stated in its order that ending employment due to a woman’s marriage is a clear example of gender discrimination and inequality.
b. Embracing such patriarchal norms undermines human dignity, the right to non-discrimination, and fair treatment.
c. Laws and regulations founded on gender bias are unconstitutional.

3. Terms and conditions already withdrawn– The court noted that the Army instruction regarding the terms and conditions for granting permanent commissions in the Military Nursing Service was withdrawn in 1995. Hence, the discharge of the female officer in the Military Nursing Service is unlawful.

Note– A Permanent Commission (PC) means continuing a career in the armed force until retirement.

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