Not taking into account
“Gender equality has to be realistic. Situational analysis is imperative to bridge the gap of gender differences. If situational reality is not responded to, it may lead to denial of opportunity because of biological factors. Men and women are part of procreation but men have the advantage of having no burden of bearing the womb and will be able to march over women in the public appointments and women will have to face disadvantages of carrying the womb as the period of maternity may operate to her disadvantage,” said a division bench consisting of Justices A Muhamed Mustaque and Shoba Annamma Eapen.
The Court observed that motherhood can lead to complex disadvantages, potentially causing gender gaps.
“Motherhood also produces complex disadvantages. This may result in a gender gap. Non-consideration of disadvantages attributable to motherhood will result in discrimination,” the Court said.
It, however, rejected viewing motherhood as a burden and advocated for eliminating barriers, enabling women to compete equally with men in public employment regulations.
“Law and regulations need to address such situational reality of women based on maternity while framing rules and regulations related to public employment,” the Court added.
It also underscored that motherhood is integral to the dignity of women.
“The reproductive rights of a woman are part of the right to life under Article 21 of the Constitution. Reproductive rights of a woman include the right to become a mother or choose not to become a mother. Motherhood is also integral to the dignity of women,” stressed the High Court.
Source: Barandbench
