The Delhi High Court ruled that a six-week period after pregnancy is too short for women to achieve the necessary fitness for appointments in the Central Armed Police Forces (CAPFs). The court recognized the physical demands of the role and emphasized the need for a more reasonable timeframe for postpartum recovery.
New Delhi: The Delhi High Court expressed that the six-week period granted to pregnant women candidates to meet the fitness criteria for Central Armed Police Forces (CAPF) appointments is “extremely short.”
The court urged the authorities to review this provision and consider allowing a more reasonable timeframe.
The court noted that it may be difficult for a woman who recently undergone pregnancy to fully regain her medical fitness and lose the weight gained over the course of nine months within a mere six weeks. It emphasized that, under the Maternity Benefit Act, 1961, a much longer period of absence from duty is recognized.
Read Also: [EXCLUSIVE] 14-Year-Old Rape Victim | CJI Allows 30-Weeks-Pregnancy Termination
The court informed that, as per paragraph 5.3 of the CAPF and Assam Rifles Recruitment Medical Examination Guidelines, a positive pregnancy urine test results in the candidate being declared temporarily unfit, with a re-examination scheduled six weeks after pregnancy, contingent upon a medical fitness certificate from a registered practitioner.
A bench comprising Justices Rekha Palli and Shalinder Kaur remarked ,
“This six-week period outlined in the guidelines for a female candidate to regain fitness after pregnancy is, in our considered opinion, extremely short. It may not always be feasible for a woman to regain her full medical fitness and lose the weight gained during nine months of pregnancy within this time frame,”
The court directed the authorities to review this provision in consultation with medical experts to consider a more reasonable period for female candidates to regain fitness after pregnancy.
The bench instructed,
“The matter should be placed before the additional director general (medical), CAPF for this purpose,”
The court was hearing a petition from a young mother aspiring to join the Sashastra Seema Bal (SSB) as a constable (washerwoman) under the Other Backward Classes (OBC) quota, who was declared medically unfit due to being “overweight.”
In response to a question regarding the time allowed for pregnant candidates to achieve the required medical fitness, the authorities’ counsel explained that all pregnant candidates are given six weeks to meet the necessary fitness standards.
The woman passed the written exam but was in the advanced stages of pregnancy when she appeared for the medical evaluation. As a result, her examination postponed, and she was instructed to return for the test after her delivery.
According to her plea, when she appeared before the medical board approximately four months after giving birth, she was declared “unfit” due to being overweight. A review by the medical board confirmed the finding, as her Body Mass Index (BMI) was 25.3, exceeding the CAPFs‘ limit of 25 for recruitment.
Unhappy with this decision, she sought a second opinion at a government hospital in Gwalior, where her BMI measured at 24.8, below the prescribed limit. However, no further action was taken by the authorities, prompting her to approach the high court for relief.
The bench noted that while it had no reason to doubt the authorities’ claim that the woman’s BMI exceeded 25 during the selection process, it must be considered that she had given birth just four months prior to her medical examination. The court emphasized that the candidate deserved another opportunity to be assessed by a fresh medical board.
The court granted the petition, directing that the petitioner be examined by a new medical board within a week.
The bench ordered,
“If her BMI is found to be less than 25, she shall be appointed as a constable (washerwoman-female) within four weeks,”