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Pregnancy no reason to deny job
1. Pregnancy No Reason to
Deny Job: HC
Petitioner argued pregnancy is part of womanhood & can't be termed
as health deterioration
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2. Contd…
The Punjab and Haryana high court has directed the Army Medical Corps to employ
within a month a woman doctor who was denied a job after the organisation
declared her `unfit for duty' just because she was pregnant. “Forcing a choice
between bearing a child and employment, it interferes both, with her reproductive
rights and her right to employment. Such an action can have no place in modern
India,“ the court said in a ruling last week. The petitioner had applied for a vacancy
in the AMC and was granted short service commission in the rank of a captain,
following an interview in July 2013. She was asked to report for duty in February
2014, after clearing medical tests. Between the selection process and her date of
joining she had conceived and disclosed it on the day she turned up to join duty.
However, she was told that there were no clear guidelines whether pregnancy was
not classified as `deterioration of health' and was not allowed to take up her job.
The doctor was advised to undergo the entire selection process once again if she
wanted to join AMC. Later, she received a letter from the Army headquarters that
she was unfit to join services, while her request to join the service after delivery
elicited no answer.
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3. Contd…
The Army in its response to the aggrieved petitioner's pleas told the high court that
she was seven months pregnant and hence “unfit for the job“, citing a 2009 rule
that pregnancy would render a candidate “unfit for commissioning.“
However, the petitioner had already been selected and had conceived only after
she was commissioned. The Army contented that it could not hold the post vacant
and the post had to be offered to the next candidate in the merit list.The petitioner
argued that pregnancy was part of marriage and womanhood and could not be
classified as deterioration in health. The court ruled that the AMC's action of
denying employment on account of the woman's pregnancy was “arbitrary and
illegal.“
“Keeping in view the nature and responsibilities of the job in question, it would be
open to the respondents to devise any appropriate procedure to either give
appointment on selection and grant maternity leave or keep a vacancy against
which the woman candidate who is pregnant is selected,“ the court said, while
ruling in favour of the woman.
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