Union Of India vs Ex.Lt. Selina John – CA 1990 OF 2019 – Gender Bias -Military Nursing Service

Constitution of India, 1950; Article 14,15 –Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional- Referred to Anuj Garg and Others v. Hotel Association of India and Others (2008) 3 SCC 1 and C.B. Muthamma v. Union of India (1979) 4 SCC 260.

Military Nursing Service – Ex. Lt. Selina John, who was a Permanent Commissioned Officer in the Military Nursing Service 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 exfacie 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.

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