Context: 

Recently, the Supreme Court of India ordered Rs 60 lakh compensation to a female Officer from Military Nursing service (MNS). The services of this officer were terminated in 1988 on the grounds of “marriage”.

 What is the Selina John Case? 

1. Selina John was a Permanent Commissioned officer in the Military Nursing Service (MNS).
2. In 1985, she was promoted to Lieutenant in the Marine National Service.
3. Later she was posted at Military Hospital, Secunderabad.
4. She was removed from army service in 1988 on the grounds that she had got married.
5. Her employment was terminated in accordance with Army Instruction No. 61 of 1977.
   • The title of the instruction was “Terms and Conditions of Service for the Grant of Permanent Commissions in the Military Nursing Service”.

 Legal battle of Selina John 

1. Selina John filed an appeal at the Allahabad High Court challenging her termination.
2. The High Court asked her to approach the Armed Forces Tribunal.
3. Then, she filed a petition at the Armed Forces Tribunal (AFT), Lucknow.
4. The AFT passed the order in her favor in 2016 and asked the Centre to restore her job.
5. Thereafter, the Government moved the Supreme court and challenged the decision of the Armed Forces Tribunal.

 Supreme Court observations on Selina John Case 

1. The Supreme Court in Union of India and Others vs Ex. Lt. Selina John case termed termination of female officer illegal.
2. SC also ordered the Centre to pay Rs 60 lakh to the petitioner within eight weeks.
3. The court noted that a rule was enacted in 1977 that permitted dismissal from the Military Nursing Service on the basis of marriage. But it was withdrawn in 1995.
4. The Supreme Court, thus, declared that it is illegal for any law to make a woman’s marriage a reason to lose her job.
5. The bench concluded that rules and regulations based on gender bias are unconstitutional.

 About Military Nursing Service (MNS) 

1. The Military Nursing Service is the only all-female corps in the Armed Forces.
2. The first batch of ten qualified British nurses arrived in Bombay to organise nursing in Indian military hospitals. This led to the foundation of MNS on March 28, 1888.
3. Mission: ‘Excellence in patient care’
4. This Corps’ officers serve in three different branches of the military.

 What is the Permanent Commission? 

1. A Permanent Commission provides a long-term career with the Indian Army till retirement age.
2. Soldiers who choose a PC are commissioned as officers in the Indian Army. They can serve until the age of 60.
3. Permanent Commission officials have the chance to advance through the ranks and reach higher levels in the hierarchy.

 What is Short Service Commission (SSC) 

1. A Short Service Commission provides a shorter term in the Indian Army.
2. SSC officers serve for ten years.
3. They have the option of extending their service for up to 14 years.
4. SSC officers can choose to serve in a permanent commission or return to civilian life.

 Armed Forces and Fundamental Rights 

Article 33– This article of the Constitution allows fundamental rights to be restricted when it comes to the armed forces.

 Initiatives for Women 

1. In 1992, women officers were accepted into the Indian Army through the Women Special Entry Scheme (WSES).
2. In 2006, WSES was superseded by the Short Service Commission programme, which gave female officers the option of switching from WSES to SSC.
3. Women Officers (WOs) in the 12 Arms & Services where they are commissioned are awarded Permanent Commission (PC).
4. Every six months, the Armed Forces admits 19 female candidates to the National Defence Academy (NDA).
5. The Indian Army has also created opportunities for women officers to serve as pilots in the Corps of Army Aviation.
6. Women officers are also being considered for Colonel (Select Grade) positions and command posts.

 Important Supreme Court Rulings 

 Global Scenario 

1. Women were legally allowed to serve in combat in the United States military beginning in 2013.
2. In 2018, the UK military abolished its restriction on women and allowed them to join elite special forces.

 Conclusion 

Gender-biased legislation and policies are unconstitutional. The rules that make women employees’ marriages and domestic participation grounds for disentitlement would be discriminatory.