Pregnant Women Are Not Sick: Can't Be Denied Jobs Due To Being Pregnant


Rohit Kulkarni

Rohit Kulkarni

Aug 01, 2024



The Delhi High Court has stated that pregnancy is neither an illness nor a disability and cannot be used to deny government employment to women. This order came after the Court criticized the Railway Protection Force (RPF) for rejecting a pregnant woman’s request to delay her Physical Efficiency Test (PET) for a constable position. Justices Rekha Palli and Shalinder Kaur indicated discontent with how the RPF and Central government deal with the case, stating, “Motherhood should never and can never be the base for rejecting public employment opportunities to women.”

Pregnant Women Are Not Sick: Can't Be Denied Jobs Due To Being Pregnant

Delhi High Court Advocates for Pregnant Women’s Employment Rights, Orders RPF to Accommodate and Appoint

The woman had briefed the RPF of her pregnancy and inability to perform tasks such as high jump, long jump, and running. Instead of taking her request, the RPF treated her condition as a disqualifying aspect. The Court directed the RPF to conduct the woman’s tests and document verification within six weeks, ensuring her nomination to the constable position with retrospective seniority and other benefits if she meet up with the eligibility criteria. This order came five years after the woman filed her petition.

The Court highlighted the need for authorities to support women wishing to contribute to the nation, stating that pregnancy should not be a hurdle to employment. It criticized the continued denial of employment chances to women based on pregnancy, highlighting the significance of creating an inclusive environment where women can pursue their careers without facing unfair obstacles.

Delhi High Court Reverses Decision on Pregnant Woman’s Job Candidature and Imposes Costs on Government

The bench concluded that the rejection of the woman’s candidature was undebatable and reversed the decision. Also, the Court imposed costs of Rs 1 lakh on the government, directing the payment to another woman injured when a portion of the High Court’s ceiling fell on her. This decision emphasizes the significance of upholding women’s rights and aspirations in the workplace.

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Rohit Kulkarni
Rohit Kulkarni
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