Terminating Woman Officer Solely On The Ground Of Marriage Is Manifestly Arbitrary: Supreme Court

Posted On - 12 March, 2024 • By - King Stubb & Kasiva

In Civil Appeal No. 1990 of 2019, the Supreme Court denounced the termination of a woman nursing officer from the Military Nursing Service (MNS) solely on the grounds of marriage as a blatant case of gender discrimination and inequality. The petitioner, a nursing officer commissioned to Lieutenant in the MNS, was released from service after marrying an Army officer. The termination order, issued without notice or opportunity to defend, cited marriage as the reason, as per Army Instruction No. 6 of 1977. However, the Supreme Court found such rules applicable only to women nursing officers as manifestly arbitrary and violative of fundamental rights.