Legal Victory for Gender Equality

• 28 Feb 2024

Why in News?

The Uttarakhand High Court (HC) ruled that women cannot be refused employment based on pregnancy. It overturned a regulation prohibiting pregnant women from being eligible for government positions.

Key Points

• This landmark ruling was inspired by the case of Misha Upadhyay, who was denied a nursing officer position due to her pregnancy.
• The High Court invalidated the state government's regulation labeling women pregnant for 12 weeks or more as "temporarily unfit" for employment.
  • It also mandated a medical examination by a registered practitioner six weeks post-delivery, along with a fitness certificate requirement.
• The court deemed the state's action "highly discriminatory against women" and emphasized on the violation of Articles 14, 16, and 21 of the Constitution.
  • Article 14 stipulates that within India's territory, the State cannot deprive any individual of equality before the law or equal protection under the laws based on religion, race, caste, sex, or place of birth.
  • Article 16 forbids discrimination in employment within any government office.
  • Article 21 stipulates that no individual shall be deprived of their life or personal liberty except in accordance with procedures established by law.
• It underscores the importance of fostering workplaces that respect and accommodate women's reproductive choices, aligning with broader global efforts towards gender equality, including the Sustainable Development Goal 5.