The court highlighted the profound nature of motherhood as a great blessing and struck down a state government...
Digital Desk: The Uttarakhand High Court recently made a significant order declaring that a woman cannot be denied employment due to pregnancy. This decision followed a petition by Misha Upadhyay, who was denied a nursing officer position at BD Pandey Hospital in Nainital solely because of her pregnancy.
The court highlighted the profound nature of motherhood as a "great blessing" and struck down a state government rule that labeled women pregnant for 12 weeks or more as "temporarily unfit" for employment. The rule further mandated a post-delivery fitness examination and certificate requirement, a provision the court deemed "unconstitutional."
Expressing "deep displeasure" over the narrow approach against pregnant women, the High Court emphasized the violation of constitutional articles 14, 16, and 21. The bench pointed out the inconsistency in denying employment based on pregnancy while acknowledging maternity leave as a fundamental right. The judge raised a thought-provoking question, stating, "If a woman who becomes pregnant after joining would get maternity leave, then why can't a pregnant woman join her duties on fresh appointment? After joining, she would also be entitled to maternity leave."
This ruling marks a progressive step towards gender equality in the workplace, acknowledging the rights of women to pursue employment regardless of their maternal status. It serves as a reminder that maternity should not be a barrier to professional opportunities and reinforces the constitutional principles of equality and justice.
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