Women Cannot be Denied Employment for Pregnancy: Uttarakhand High Court

New Delhi: In a remarkable judgment, the Uttarakhand High Court ruled that a woman cannot be denied employment due to her pregnancy.

The High Court struck down a Uttarakhand government rule that barred pregnant women from being considered suitable for government jobs.

The High Court reiterated that motherhood is a “great blessing”.

The court’s ruling was in response to a petition filed by Misha Upadhyay, who was denied the post of nursing officer at BD Pandey Hospital in Nainital due to her pregnancy, although she had been issued an appointment letter.

The High Court struck down the state government’s rule that deemed women who are pregnant for 12 weeks or more “temporarily unfit” for employment. The court considered the state’s action “extremely narrow against women” and said, “It is definitely a violation of Articles 14, 16 and 21 of the Constitution.”

The judge said, “If a situation is visualised that a woman who joins service on fresh appointment and 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.”