The Uttarakhand High Court has made a significant ruling, stating that women cannot be denied employment due to pregnancy. The court invalidated a state government rule that deemed pregnant women of 12 weeks or more as “temporarily unfit” for employment, expressing deep displeasure and calling it unconstitutional.
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Uttarakhand: On Monday, the Uttarakhand High Court has declared that women cannot be denied employment on the grounds of pregnancy. The court struck down a rule preventing pregnant women from being considered for government jobs, underscoring the significance of motherhood as a “great blessing.”
The judgment stemmed from a petition filed by Misha Upadhyay, who faced denial of the nursing officer position at BD Pandey Hospital in Nainital due to her pregnancy. Despite receiving an appointment letter from the Director General of Medical Health and Family Welfare, the hospital refused her entry, citing a fitness certificate that declared her “temporarily unfit to join.” Notably, the certificate highlighted no health issues other than pregnancy.
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The High Court invalidated the state government’s rule, which deemed women pregnant for 12 weeks or more as “temporarily unfit” for employment. The rule further mandated a medical examination six weeks post-delivery, along with a fitness certificate. The court expressed “deep displeasure” and labeled the rule as “unconstitutional.”
Condemning the state’s action as “extremely narrow against women,” the court asserted-
“It is definitely a violation of Articles 14, 16, and 21 of the Constitution.”
The bench pointed out the contradiction in denying employment based on pregnancy while recognizing maternity leave as a fundamental right.
The judge questioned-
“If a woman joining service and becoming pregnant after that is entitled to maternity leave, why can’t a pregnant woman join her duties on fresh appointment? After joining, she would also be entitled to maternity leave.”
This ruling emphasizes the court’s commitment to gender equality and challenges discriminatory practices against pregnant women in the workplace.
