NeetuBala v. Union of India &
Others
In
a land mark judgment relating to rights of women in uniformed services, the
Punjab and Haryana High Court has ruled that a woman candidate could not be
permanently debarred from joining as a doctor in the Army Medical Corps (AMC)
on the pretext that she became pregnant during the selection process and added
that such an action has no place in modern India.The petitioner, who applied in
early 2013 for a short service commission in the AMC was asked to join service
in February 2014 after clearing all examinations and medical tests. Unlike other
branches, married women till the age of 45 are eligible to join AMC as there is
no training in a military academy and candidates join a hospital closest to
residence. They are subsequently made to complete a basic in-service course of
eight weeks within a flexible time period.However, between the period of her
application and joining, the petitioner was in midst of a pregnancy and
disclosed this fact on the date of joining after which she was not allowed to
assume duties. She was informed that she
could not join since her pregnancy amounted to deterioration in health.Her
candidature was cancelled and she was advised to undergo the entire selection
process again in case she wanted to join AMC. Aggrieved, the petitioner had
moved the High Court in 2014 stating that pregnancy was not ‘deterioration in
health’ but a mere incidence of marriage and womanhood. The petitioner pointed
out that there would have been no problem had she not disclosed her pregnancy
or had conceived the day after joining or had given birth before the joining
date and that in paramilitary forces uniformed doctors were simply asked to
join after childbirth in case any problem was envisaged due to pregnancy.The
court held that forcing a choice between bearing a child and employment interferes
both with a woman’s reproductive rights and her right to employment and such an
action could have no place in modern India. The High Court has also held that
in such cases, keeping the nature of employment in consideration, the
government could grant maternity leave or keep a vacancy reserved which could
be offered to a candidate after childbirth.
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