Excluding unmarried women from government employment violates right to equality: Rajasthan High Court

In a significant ruling, the Rajasthan High Court recently quashed a condition in a government circular issued in November 2016 and an advertisement published in June 2019, both mandating a woman to be 'married' to get appointed as anganwadi karyakarta, mini karyakarta or a helper [Miss Madhu vs State of Rajasthan]..Single-judge Justice Dinesh Mehta held that such a condition denying government employment to an unmarried woman violates her right to equality and right to equal opportunity in public employment."In the opinion of this Court, depriving a women of public employment on the ground of her being unmarried, apart from being violative of fundamental rights guaranteed to a woman under Articles 14 and 16 of the Constitution of India impinges upon a woman’s dignity," the Court held. The single-judge said it was constrained to observe that an entirely 'new front of discrimination' which was not even envisaged or thought of by the framers of the Constitution, has been opened by the State authorities."Present case is a classic case wherein, the discrimination encountered by women has been given a new facet. An unmarried woman is discriminated against a married woman. The ostensible reason given to support the said condition that an unmarried woman after marriage would migrate to her matrimonial house does not pass muster the test of reasonableness and prudence," the Court ruled.Mere fact that a candidate is unmarried cannot be a reason to disqualify her, the single-judge underscored..The judgment was passed on a plea filed by one Madhu (petitioner) who had applied for a job in the Aangwadi Centre in her village in response to an advertisement published on June 28, 2019.The advertisement was based on a circular issued by the State on November 9, 2016.The advertisement and the circular prescribed that an unmarried woman cannot apply for the jobs advertised.The petitioner highlighted the fact that was a graduate degree holder in Arts and a Computer Proficiency Certificate (RS-CIT).When she applied for the posts mentioned in the advertisement, she was informed that she was ineligible for the post since she was not married yet.Subsequently, the petitioner moved the High Court in 2019 and on July 29, 2019, interim relief was granted to the petitioner with a directive to the authorities to consider her application for the said job..In its final judgment passed on September 4, the High Court said that a host of questions can be posed to the policy makers of the State."What if, the candidate marries to a boy of the same village or vicinity? What if, a married woman after being engaged as Anganwadi Karykarta moves to other place? What if a woman’s husband decides to live in woman’s parental home? What if, a woman gets widowed or divorced and decides to move to a new place? and What if, a woman does not wish to marry at all!"These are a few situations which can emerge in some case or the other, the Court opined. "The State can neither pre-empt any such situations nor can it prevent a woman from claiming job simply because she has not tied the nuptial knot," the single-judge said.The discrimination which is meted out to the unmarried women is ex-facie illegal, arbitrary and against the very scheme of the Constitution which guarantees equality, the Court stated.The bench further held that a marital status or the condition of a woman to be married to work in Aanganwadi hardly fulfils any object."The apprehension that after marriage, a women will move onto her matrimonial house is firstly baseless and secondly, it cannot be a reason to justify or protect the offending condition. The condition of a woman to be married being absolutely unconscionable and violative of women’s right to apply and get public employment is liable to be declared arbitrary and unconstitutional," the bench observed.However, the bench granted liberty to the State to take requisite undertaking from the unmarried woman candidates or amend the circular so as to ensure that if a woman having been engaged on any post in any Aaganwadi Centre, migrates to a place other than the area covered by the Centre, on account of marriage or otherwise, her engagement will be brought to an end..[Read Judgment]