High Court of Punjab and Haryana

Neetu Bala v. Union of India and others

01.02.2016

Defence

Appointment to not be denied solely on account of pregnancy

Appointment of a woman to the Army Medical Corps cannot be denied solely for her being pregnant, Punjab and Haryana High Court held. The matter arose after the Appellant having applied and being assessed medically fit for a position with the Army Medical Corps was later adjudged ‘unfit’ on account of her being pregnant. The Court noted that in keeping with Articles 14 and 16 of the Constitution and international conventions such as the ‘Convention on the Elimination of all Forms of Discrimination against Women’, India was obligated to prevent discrimination against women on the basis of marriage or maternity. Portions of a Director General of the Armed Forces Medical Service letter stating pregnancy would render a candidate unfit for commissioning were declared unconstitutional and illegal.

Relevant

Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr. MANU/SC/0164/2000
Article 16 Constitution of India Act Convention on the Elimination of All Forms of Discrimination against Women

Tags : Army medical corps pregnancy unfit

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