Pregnancy No Justification for Denying Public Sector Jobs, Says Delhi High Court

The High Court ruled that pregnancy is not a disease or disability and cannot be a reason to deny women government employment. The court emphasized that employers should not prevent women from advancing their careers because of pregnancy, as motherhood is a fundamental human right. They stated that employers cannot deny a woman a job just because she is pregnant.

A bench of Justice Rekha Palli and Justice Shalinder Kaur accepted the petition of Isha, a woman who could not take the Physical Efficiency Test (PET) despite passing the Computer Based Test (CBT). They expressed distress over the actions of the Central Government and the Railway Protection Force (RPF). They ordered the respondents to allow Isha to take the PET, Physical Measurement Test (PMT), and complete document verification within six weeks. If she meets the eligibility criteria, they must appoint her to the post of constable with retrospective seniority and other benefits.

Pregnancy not a disability

The bench highlighted the need for officials, especially those in public employment, to support women who want to contribute to the country. They must ensure that women are not deprived of their rights due to pregnancy, which is not a disability or illness. They pointed out that as the country promotes gender equality and seeks greater representation of women in all services, including the armed forces, a woman should not be disqualified from appointment because of pregnancy.

While accepting the petition, the bench expressed hope that all employers, especially the state, will ensure that no woman is denied employment opportunities due to pregnancy. They also hoped that requests to postpone physical tests for pregnant women would be considered favorably. They ruled in favor of Isha, who was denied appointment as a constable in the Railway Protection Force in 2019.

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