In a landmark decision, the Supreme Court of India has unequivocally denounced gender discrimination within the Military Nursing Service (MNS), asserting that discharging a permanent commissioned officer solely on the grounds of marriage is a blatant act of inequality. 

The ruling, delivered by a bench comprising Justices Sanjiv Khanna and Dipankar Datta, not only decries such patriarchal norms but also reaffirms the fundamental principles of human dignity, non-discrimination, and fair treatment.

The case centered around former Lieutenant Selina John, whose discharge from the MNS triggered a legal battle challenging the decision as arbitrary and discriminatory. The Union government, contesting the Armed Forces Tribunal's reinstatement order for John with all consequential benefits, found itself at odds with the apex court's stance on the matter.

In a scathing rebuke of the prevailing gender bias within the MNS, the Supreme Court emphasized that the rule mandating the discharge of women nursing officers upon marriage was not only archaic but also unconstitutional. Drawing parallels with past judgments, such as 'Anuj Garg and Others Vs Hotel Association of India and Others' (2008) and 'C B Muthamma Vs Union of India' (1979), the court reiterated that laws and regulations rooted in gender-based discrimination have no place in a progressive society.

Of particular significance was the court's observation regarding Army Instruction No. 61 of 1977, which had previously justified such discriminatory practices. The subsequent withdrawal of this instruction in 1995 served as a testament to the evolving understanding of gender equality within the armed forces.

Moreover, the court highlighted the absurdity of penalizing women for their marital status, emphasizing that rules equating marriage and domestic responsibilities with professional disqualification are not only regressive but also antithetical to the principles of equality enshrined in the Constitution.

The judgment, while rectifying the injustice faced by Lieutenant Selina John, sets a powerful precedent for gender equality within the armed forces and beyond. By awarding compensation of Rs 60 lakh to John, the court sends a clear message that gender-based discrimination will not be tolerated, and individuals subjected to such injustice will receive due redress.

Case: Union of India And Others vs. Ex Lt Selina John,

CIVIL APPEAL NO. 1990 OF 2019.

Click to read/download order.