Pregnancy no permanent bar on military employment, says P&H High Court [Read judgment]

The Punjab & Haryana High Court today held that a woman candidate could not be permanently debarred from joining as a doctor in the Army Medical Corps (AMC) on the pretext that she had conceived during the selection process..The judgment was delivered by Justice Harinder Singh Sidhu in a petition filed by one Neetu Bala (Petitioner). Advocate Navdeep Singh appeared for the petitioner while advocate Saurabh Goel appeared for the Central government..The facts of the case are as follows. The Petitioner, had applied in early 2013 for a short service commission in the AMC, and was asked to join service in February 2014 after clearing all examinations and medical tests. However, between the period of her application and joining, the petitioner conceived and disclosed this fact on the date of joining after which she was not allowed to assume duties..She was informed that she could not join since her pregnancy amounted to “deterioration in health”. Her candidature was cancelled and she was advised to undergo the entire selection process again in case she wanted to join AMC.. The petitioner moved the High Court in 2014 averring that pregnancy was not ‘deterioration in health’, and that denial of employment violated Articles 14, 15 and 16..The High Court held that forcing a choice between bearing a child and employment interferes both with a woman’s reproductive rights and her right to employment, and such an action could have no place in modern India..“Based on the aforesaid discussion, there can be no conclusion other than to hold that the action of the respondents in denying appointment to the petitioner merely on account of her pregnancy is arbitrary and illegal. It is violative of Articles 14 and 16 of the Constitution. .It is against the express provisions of the International Conventions referred to above. It is against the weight of the judicial precedents from major jurisdictions across the globe interpreting laws prohibiting gender discrimination. .Most of all by forcing a choice between bearing a child and employment, it interferes both, with her reproductive rights and her right to employment. Such an action can have no place in modern India.”.The Court has also held that in cases such as that of the petitioner, keeping the nature of employment in consideration, the Government could grant maternity leave or keep a vacancy reserved which could be offered to a candidate after childbirth..Image taken from here..Read the entire judgment below.