Women can’t be denied government job over pregnancy, says Uttarakhand high court
DEHRADUN: In a singular judgment, Uttarakhand HC struck down a rule that prevented pregnant women from being considered fit for govt jobs, emphasising that “motherhood is a ‘noble blessing’ and women cannot be denied employment because of it.”
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 single bench of Justice Pankaj Purohit on Friday directed the hospital to “immediately ensure that the petitioner, who is 13-weeks pregnant, joins on the post of nursing officer”. It also 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”.
Emphasising 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,” HC said.
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The bench also pointed out “the contradiction in denying employment based on pregnancy” while also recognising 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. Doon-based lawyer Somika Adhikari, said that the ruling would bring confidence to working women, especially those who at times face difficulties at their workplace during pregnancy.
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