Supreme Court Awards Compensation in Gender Discrimination Case

Context:

This editorial is based on the news “Ending discrimination: On the Union of India and Others vs Ex. Lt. Selina John case” which was published in the Hindu. 

• The Supreme Court of India recently observed that rules which penalise women employees for getting married are unconstitutional.

Supreme Court Awards Compensation for Gender Discrimination

• Challenging Patriarchal Norms: Terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. 
  • Acceptance of such a patriarchal rule undermines human dignity, right to non-discrimination and fair treatment.
• Upholding Women Rights: The observations were part of an order which upheld the rights of Selina John, a former lieutenant and Permanent Commissioner Officer in the Military Nursing Service, who was discharged from service in 1988 for getting married.
  • The supreme court bench directed the Union Government to pay Ms. John ₹60 lakh in compensation within eight weeks.
  • The government had appealed in the top court against a decision of the Lucknow Bench of the Armed Forces Tribunal which had ruled in her favour in 2016.
• Battle for Gender discrimination in Army: Women have been fighting a battle for gender parity in the Army for long. They were granted permanent commission after judgments in 2020 and 2021.

Gender Discrimination in India: In Different Sectors

• Civilian Sector: The civilian sector also doesn’t offer a better environment, with women frequently facing intrusive personal questions during job interviews, including questions about their plans for marriage and motherhood. 
• Drop out of School of Female Students: Many girls, particularly from disadvantaged backgrounds, are compelled to drop out of school due to various factors, from economic constraints to inadequate sanitation facilities. 
• Global Gender Parity: According to the UN’s Gender Snapshot 2023, without corrective actions, the next generation of women will continue to shoulder a disproportionate burden of household chores and remain underrepresented in leadership positions. 
  • Government schemes aimed at girls and women will have little impact if they are bound by restrictive social and cultural norms. 

Conclusion

• Boosting Female Labour Participation: Barriers in education, employment, and opportunities, alongside ingrained biases, must be dismantled to boost female labor participation.
  • Female labor participation  stands at a dismal 19.9% for women of all ages according to the latest Periodic Labour Force data (October-December 2023).
• Need for Concrete Actions: Steps indicating that the Indian Army is demanding more women must be supported by concrete actions.
• Fostering Inclusive Environment The Court’s assertion that rules penalizing women employees for marriage and domestic responsibilities are unconstitutional should resonate across all organizations, transforming workplaces into facilitators rather than obstacles.

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