In a landmark judgment, the Uttarakhand High Court has ruled that women cannot be denied government jobs on the grounds of being pregnant.
DEHRADUN (India CSR): The court’s ruling came in response to a petition filed by Misha Upadhyay, who was denied a nursing officer position at B D Pandey Hospital in Nainital due to her pregnancy.
Despite an appointment letter issued to her by the DG of medical health & family welfare, the hospital refused to allow her to join, citing a fitness certificate that declared her “temporarily unfit to join”, but revealed no other health issues apart from the pregnancy.
The Verdict
Justice Pankaj Purohit directed the hospital to “immediately ensure that the petitioner, who is 13 weeks pregnant, joins on the post of nursing officer”.
The court expressed “deep displeasure” over ‘The Gazette of India (Extraordinary) Rules’ that label women with more than 12 weeks of pregnancy as “temporarily unfit”, adding that “motherhood is one of the greatest and noblest blessings to a woman by nature”.
Implications of the Ruling
The court emphasized that a woman “cannot be denied employment for this reason; it cannot even be delayed by this draconian rule as cited by state”.
The court deemed the action by the state as “highly parochial against women” and stressed that it “cannot be countenanced”. “It is certainly in violation of Article 14, 16 and 21 of the Constitution,” the court added.
The bench also pointed out “the contradiction in denying employment based on pregnancy” while also recognizing maternity leave as a fundamental right.
The judge said, “If a situation is visualised that a woman who joins service on fresh appointment and becomes pregnant after joining would get maternity leave, then why can’t a pregnant woman join her duties on fresh appointment? After joining, she would also be entitled to maternity leave”.
Experts said the ruling may set a precedent for other states to follow & ensure that women are not discriminated against, based on their pregnancy status.
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