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Ending discrimination: On the Union of India and Others vs Ex. Lt. Selina John case

Ending discrimination: On the Union of India and Others vs Ex. Lt. Selina John case

  • Recently, the Supreme Court of India ruled against archaic rules penalizing women employees for getting married, deeming such regulations unconstitutional.

The Case

  • The case involved Selina John, a former lieutenant and Permanent Commissioner Officer in the Military Nursing Service, who was discharged in 1988 for marrying.
  • The Court stated that terminating employment because the woman has got married is a coarse case of gender discrimination and inequality.
  • It directed the Union Government to compensate Ms. John with ₹60 lakh within eight weeks.

Gender Parity in the Military

  • The Court highlighted the discriminatory nature of rules against marriage, particularly targeting women nursing officers.
  • While progress has been made in granting permanent commission to women in the military, actions must align to truly encourage female participation.

Challenges in Civilian Workplace

  • Gender discrimination extends beyond the military, with women facing uncomfortable questions about marriage and motherhood in job interviews.
  • Barriers in education, employment, and opportunities hinder women's participation in the workforce.
  • According to the latest Periodic Labour Force data (October-December 2023), India's female labour force participation is at an alarming 19.9%.

Barriers to Gender Parity

  • Many girls, particularly from disadvantaged backgrounds, are forced to drop out of school due to various factors.
    • These include economic constraints and inadequate facilities (lack of proper toilets).
  • The UN's Gender Snapshot 2023 highlights that if course correction measures are not taken, the next generation of women will still spend a disproportionate amount of time on housework and duties compared to men, and stay off leadership roles.

Call for Workplace Transformation

  • The Supreme Court's stance against rules discriminating against women employees should serve as a wake-up call for all organizations.
  • Workplace policies should prioritize inclusivity and empower women, rather than imposing hurdles based on gender or marital status.

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