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Pregnancy is not sickness; can’t be ground to deny public employment: Delhi High Court

In a detailed judgement, the Court said that all authorities, especially those dealing with public employment, must realize that it is essential to support women who are eager to contribute to the nation and ensure that they are not denied their rights due to pregnancy or other such causes which cannot be treated as a disability or an illness.

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

The Court said that the authorities’ conduct demonstrated that they were still oblivious to the rights and aspirations of young women and continue to deny them the opportunity of employment on the ground 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.

Source: Barandbench

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