Supreme Court’s decision on women’s employment- Ending discrimination

Source: The post Supreme Court’s decision on women’s employment has been created, based on the article “Ending discrimination: Workplaces must ensure fair treatment of women employees” published in “The Hindu” on 22nd February 2024.

UPSC Syllabus Topic: GS Paper 2-governance-mechanisms, laws, institutions and bodies constituted for the protection and betterment of vulnerable sections.

News: The article discusses a Supreme Court of India ruling that it’s unconstitutional to fire women for getting married. Supreme Court’s decision on women’s employment

What challenges do women face in the civilian workforce?

Personal Questions in Interviews: Women often face uncomfortable personal questions about their marriage and motherhood plans during job interviews.

Low Workforce Participation: Data shows that only 19.9% of women in India participate in the workforce, highlighting a significant gender gap in employment.

Education Barriers: Many girls, especially among the poor, drop out of school due to various reasons, ranging from economic challenges to lack of proper facilities like toilets.

Restrictive Social Norms: Women are often bound by societal and cultural expectations, which limit their opportunities and advancement in the workforce.

Unequal Domestic Responsibilities: The UN’s Gender Snapshot 2023 indicates that women are expected to undertake a disproportionate amount of housework and caregiving duties compared to men.

What was the Supreme Court’s decision on women’s employment?

Ruling on Marriage and Employment: The Supreme Court of India ruled that terminating women’s employment for getting married is unconstitutional.

Case Example – Selina John: This decision came from the case of Selina John, a former lieutenant in the Military Nursing Service, who was discharged in 1988 for getting married.

Compensation Ordered: The Court directed the Indian Government to pay Ms. John ₹60 lakh in compensation.

How does this affect gender equality?

Promotes Equal Treatment: The Supreme Court’s decision against penalizing women for marriage supports equal treatment in employment.

Encourages Women’s Participation: It may encourage more women to join and stay in the workforce, knowing their marital status won’t affect their employment.

Supports Broader Gender Parity Efforts: This decision aligns with efforts to achieve gender parity in areas like the military, where women recently gained the right to permanent commission.

Challenges Patriarchal Norms: It challenges patriarchal norms and societal expectations that restrict women’s professional opportunities.

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Way forward

To move forward, societal and cultural norms that restrict women’s opportunities must change. Organizations should make workplaces supportive, not limiting women based on marriage or domestic roles. Increasing women’s participation in the workforce, currently at 19.9% in India, is crucial for achieving gender parity.

Question for practice:

Evaluate the impact of the Supreme Court of India’s ruling against terminating women’s employment for marriage on gender equality and women’s workforce participation in India.