corporate law
The Delhi High Court recently delivered an extraordinary judgment in the case of Isha vs Union of India and Ors., W.P.(C) 3732/2019, cited under Neutral Citation No.: 2024:DHC:5500-DB, on July 25, 2024. This landmark ruling unequivocally clarifies that pregnancy is not a valid reason to deny women public employment. The court notably criticized the Railway Protection Force (RPF) for rejecting a pregnant applicant's request to postpone the Physical Efficiency Test (PET) for a constable position.
In this case, the Division Bench, which included Hon’ble Ms Justice Rekha Palli and Hon’ble Ms Justice Shalinder Kaur, expressed their profound disappointment regarding the treatment of the pregnant applicant by the RPF and the Central Government. They emphasized that the refusal to accommodate the petitioner was unsustainable and must be overturned.
The petitioner applied for the constable position with the RPF based on Employment Notice No. 01/2018. Despite being on the merit list after scoring 72.67 in the Computer Based Test held on February 5, 2019, she was denied the opportunity to take the PET scheduled for April 20, 2019, due to her pregnancy.
Despite the petitioner's timely request for an accommodation to defer the PET, she was informed that her request could not be granted as the recruitment process needed to proceed on schedule. Consequently, she filed a writ petition on April 9, 2019, before the PET was conducted, but due to various adjournments, she ultimately could not participate. This resulted in her being denied employment even after achieving scores well above the cutoff.
The Division Bench highlighted several critical points regarding the treatment of the petitioner's request:
Prejudice Against Pregnant Women: The Court expressed outrage at the unsympathetic response from the authorities towards the pregnant applicant, indicating that there was no valid rationale for not postponing the PET to accommodate her condition.
Gender Equality: The Bench underscored that promoting gender equality in employment is vital, noting that pregnancy should not be viewed as a disability. Therefore, women should not face disqualification from jobs due to the physiological demands of pregnancy.
Legal Framework: Reference was made to the Maternity Benefit Act, which aims to protect the rights of pregnant women, reiterating that such women should not be penalized for taking maternity leave or for their inability to undertake strenuous activities during pregnancy.
In conclusion, the Division Bench ordered the respondents to grant the petitioner the opportunity to complete her PET and subsequent requirements within six weeks. Should she qualify, she will be appointed to the position of Constable, with retrospective seniority and benefits.
The court strongly advocates for a shift in attitude toward accommodating women's rights and needs in the workplace, emphasizing that motherhood should enhance, not hinder, women’s career opportunities. This ruling serves as a significant precedent that sets the expectation for all employers, particularly governmental bodies, to ensure that pregnancy does not obstruct employment access.
This landmark judgment by the Delhi High Court should inspire similar cases across India, promoting true empowerment for women in every sector.