Can't Deny Jobs To Women Because Of Pregnancy, Says Court

The Uttarakhand High Court has ruled that a woman cannot be denied employment due to pregnancy.

Striking down the rule that barred women who are more than 12 weeks pregnant from being considered suitable for government jobs, the High Court said that motherhood is a "great blessing".

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Woman denied job for being pregnant?

The HC ruling last week came in a plea filed by one Misha Upadhyay, who said she was denied a nursing officer position at BD Pandey Hospital in Nainital due to her 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.

Unconstitutional: HC

The HC struck down the state government's regulation labelling women pregnant for 12 weeks or more as "temporarily unfit" for employment.?

The court criticised the rule, deeming it "unconstitutional" and expressing "deep displeasure."

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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 HC further said that the woman who is 13 weeks pregnant should be allowed to join the hospital as a nursing officer immediately.

Can't be terminated from job due to marriage?

Recently, in a similar case, the Supreme Court had said that the termination of a woman from her job upon her marriage is "a coarse case of gender discrimination and inequality" which is impermissible.

The SC bench of Justice Sanjiv Khanna and Justice Dipankar Datta made the ruling in a case filed by a woman nursing officer who was terminated from the Military Nursing Service for getting married.

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“Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional.,” the SC said.

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