Women can't be denied govt jobs due to pregnancy, says Uttarakhand HC

The Uttarakhand High Court (HC) said that women cannot be refused employment based on pregnancy. It overturned a regulation prohibiting pregnant women from being eligible for government positions. Stressing the importance of motherhood as a "great blessing," the High Court made this significant ruling.

The Court's ruling follows a petition by Misha Upadhyay, who was denied a nursing officer position at BD Pandey Hospital in Nainital due to pregnancy. Despite being issued an appointment letter by the Director General of Medical Health and Family Welfare, the hospital declined her joining, citing a fitness certificate declaring her "temporarily unfit to join" solely due to pregnancy, with no other health issues noted.

 

Justice Pankaj Purohit instructed the hospital to promptly ensure that the petitioner, who is 13 weeks pregnant, assumes her duties as a nursing officer.

The High Court invalidated the state government's regulation labelling women pregnant for 12 weeks or more as "temporarily unfit" for employment. Additionally, it mandated a medical examination by a registered practitioner six weeks post-delivery, along with a fitness certificate requirement. The court criticised the rule, deeming it "unconstitutional" and expressing "deep displeasure."

The court deemed the state's action "highly discriminatory against women" and emphasized, "It certainly violates Articles 14, 16, and 21 of the Constitution."

Article 14 stipulates that within India's territory, the State cannot deprive any individual of equality before the law or equal protection under the laws based on religion, race, caste, sex, or place of birth. Article 16 forbids discrimination in employment within any government office, and Article 21 stipulates that no individual shall be deprived of their life or personal liberty except in accordance with procedures established by law.

The bench highlighted a contradiction in denying employment due to pregnancy while acknowledging 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."