Pregnancy is Not an Illness; Public Employment Cannot Be Denied, States Delhi High Court

Pregnancy is not an illness or a disability and cannot be grounds for denying government employment to women, the Delhi High Court recently stated while reprimanding the Railway Protection Force (RPF) for refusing a pregnant woman’s request to defer her Physical Efficiency Test (PET) for a constable position.

A Division Bench of Justices Rekha Palli and Shalinder Kaur expressed its dismay 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, which could justify excluding women 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 stated that the RPF could have postponed the PET for the petitioner for a few months, given that she had informed them of her pregnancy and her inability to 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 within six weeks and, if she meets the eligibility criteria, to appoint her to the post of constable with retrospective seniority and other consequential benefits.

The order was issued five years after the woman filed the petition. In a detailed judgement, the Court stated that all authorities, especially those dealing with public employment, must recognise the importance of supporting women who are eager to contribute to the nation and ensure they are not denied their rights due to pregnancy or other such conditions that cannot be regarded as disabilities or illnesses.

“In our considered view, discrimination based on pregnancy should never hinder a woman’s right to pursue her career aspirations. 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 fulfil their professional aspirations without facing unjust obstacles, particularly those related to pregnancy,” the Court emphasised.

The Court noted that the authorities’ conduct demonstrated that they remained oblivious to the rights and aspirations of young women and continued to deny them employment opportunities on the grounds 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 amount 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 aforementioned 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 solely on account of her pregnancy.

We also hope that all genuine requests for deferment of physical endurance tests and other physically strenuous activities by women candidates due to pregnancy will be considered favourably,”the Court said.

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