Pregnancy is not sickness; can't be ground to deny public employment: Delhi High Court

Pregnancy is not an illness or a disability and it cannot be ground to deny government employment to women, the Delhi High Court recently said while reprimanding the Railway Protection Force (RPF) for denying a pregnant woman's request to defer her Physical Efficiency Test (PET) for constable position..A Division Bench of Justices Rekha Palli and Shalinder Kaur expressed its anguish at the way the RPF and the Central government treated the woman.“It appears that the respondents [Union of India and RPF] have treated pregnancy as though it were a sickness or a disability on account of which women could be ousted from the selection process. In our view, motherhood should never and can never be the basis for denying public employment opportunities to women,” the Court held.The Bench said that the RPF could have postponed the PET for the petitioner for a few months as she had informed them that she was pregnant and could not perform tasks like high jump, long jump and running. In view of the above, the Court directed the RPF to conduct the woman's tests and document verification in six weeks and if she fulfills the eligibility criteria, to appoint her to the post of constable with retrospective seniority and other consequential benefits.The order was passed five years after the woman filed the petition. .In a detailed judgement, the Court said that all authorities, especially those dealing with public employment, must realize that it is essential to support women who are eager to contribute to the nation and ensure that they are not denied their rights due to pregnancy or other such causes which cannot be treated as a disability or an illness.“In our considered view, discrimination based on pregnancy should never hinder a woman’s right to pursue her career aspirations as maternity should not be seen as a barrier but as a fundamental human right of every woman. It is crucial that every effort is made by all employers to create an inclusive environment where women can fulfill their professional aspirations without facing unjust obstacles, especially those related to pregnancy,” the Court underscored.The Court said that the authorities’ conduct demonstrated that they were still oblivious to the rights and aspirations of young women and continue to deny them the opportunity of employment on the ground of pregnancy.“We, therefore, have no hesitation in holding that the decision of the respondents in rejecting the petitioner’s candidature is wholly unsustainable and is required to be quashed,” the Court concluded..The Court also imposed costs of ₹1 lakh on the government and directed them to pay the money to another woman who was injured in the High Court premises after a portion of the ceiling broke and fell on her.“While allowing the writ petition with the aforesaid directions, we earnestly hope that all employers, especially the State, will in the future, ensure that no woman is deprived of an opportunity to seek employment only on account of her pregnancy. We also hope that all genuine requests for deferment of physical endurance test and other physically strenuous activities, by women candidates on account of pregnancy will be considered favorably.”.Advocate Anil Singhal appeared for the petitioner.Union of India was represented through its Senior Panel Counsel Uma Prasuna Bachu. .[Read Judgment]