SC Decision on Gender Discrimination

GS1/GS2 Paper 

 Syllabus: Issues Related to Women

 Context: The Supreme Court of India declared (in Selina John’s case) rules penalizing women employees for getting married as unconstitutional, citing gender discrimination and inequality.

Background of the case:

The case involved former lieutenant Selina John, who was discharged from the Military Nursing Service for getting married. The court directed the Union Government to pay her ₹60 lakh in compensation. The ruling highlights the ongoing battle for gender parity in the Army and underscores the need for action to break down barriers in education, employment, and opportunities for women.

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.

Challenges Faced by Women in the Workplace:

Consequences of a declining women’s workforce:  

1. Consequences for Women

• 1. Reduced Economic Independence: Lower participation in the workforce leads to reduced financial independence for women. E.g: Women relying solely on their spouses or families for financial support may face limitations in personal decision-making.
• 2. Limited Career Opportunities : E.g.: Long career breaks make re-entry into professional roles challenging, often leading to underemployment.
• 3. Social Isolation : E.g: Women confined to domestic roles often miss out on social interactions and networks available through employment.

1. Consequences for the Economy

• 1. Reduced Economic Growth: Lower female LFPR limits the potential labor pool, directly impacting economic growth. E.g: According to IMF estimates, equal participation of women in the workforce could boost India’s GDP by up to 27%.
• 2. Underutilization of Human Capital : The economy fails to leverage the full potential of its educated female population. E.g: Despite high educational attainments, many women remain outside the labor market, representing a significant untapped resource.
• 3. Impact on Consumer Markets : Women’s earnings influence consumption patterns, and their reduced income can affect market dynamics. E.g: Lower female earnings can lead to decreased spending on health, education, and consumer goods, affecting diverse industries.
• 4. Decreased Tax Revenues : Reduced female participation in high-earning roles impacts tax contributions, limiting funds for public welfare initiatives.
• 5. Inequality and Social Development : Persistent gender gaps in employment exacerbate social inequalities, hindering progress towards gender-balanced development goals.

Government steps:

1. Beti Bachao Beti Padhao Scheme
2. One Stop Centre Scheme
3. SWADHAR Greh
4. NARI SHAKTI PURASKAR
5. Mahila police Volunteers
6. Mahila Shakti Kendras (MSK)
7. NIRBHAYA Fund

Steps by the National Commission for Women (NCW) (statutory body established under the National Commission for Women Act, 1990)

1. Advancing Women’s Rights and Awareness: Raising awareness through campaigns and workshops. Providing support through helplines, counselling, and legal aid.
2. Addressing Gender-Based Violence: Intervening in cases of domestic violence, workplace harassment, and dowry-related crimes. Conducting investigations and recommending action, including workplace harassment.
3. Advocating for Gender Equality: Fighting against gender-based discrimination in education, workplaces, and social customs.

Way forward:

1. Address barriers in education, employment, and opportunities to increase female labour participation.
2. Concrete actions must accompany efforts to increase female representation in the Indian Army.
3. Fostering an Inclusive Environment: Organizations should heed the Court’s stance against penalizing women for marriage and domestic responsibilities to create supportive workplaces.
4. Comprehensive Approach to Gender Equality: Gender equality efforts should acknowledge and value all forms of women’s work, formal and informal.
5. Policy solutions should empower women within their cultural context, emphasizing autonomy and flexible work options.
6. Importance of Women’s Labor Force Participation: Increasing women’s labour force participation is essential for societal progress, economic growth, poverty reduction, and the creation of inclusive communities.

Mains Links:

‘’Empowering women is the key to control the population growth.’’ Discuss. (UPSC 2019)

Prelims Links: