Kerala HC Says Pregnancy Shouldn't Burden Women's Career: Remarkable

In a significant move, the Kerala High Court addressed the disadvantages that women face in the public employment sector due to their biological differences from men. Motherhood, as the court said, can become a disadvantage for women when it comes to their fair treatment at the workplace. So what can be done to avoid this unfair treatment? Consider maternity by accommodating the problems that women face during this time in the public employment policy so that they don't face discrimination, said the court. 

The court was dealing with the case of two young lady doctors who embraced motherhood during their postgraduation in MD Radiodiagnosis. Due to this, their compulsory senior residency programme began late and will end by January 2024. 

Meanwhile, the Kerala State Public Service Commission (PSC) invited applications for the post of Assistant Professor in Radiodiagnosis making one year of experience as a Senior Resident in Radiodiagnosis in an NMC-recognised Medical College compulsory. However, the two lady doctors were not eligible for the same because their residency programme will end next year. The duo filed a petition at the Kerala Administrative Tribunal but received no favourable response. So they knocked on the door of the Hgh Court. 

Men and women both are part of procreation

The Division Bench comprising Justice A. Muhamed Mustaque and Shoba Annamma Eapen said, "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."

The court further added that maternity is not bad or should not be a burden on women's aspirations. "The space that addresses the situational reality of a woman is to eliminate adversity and enable women to compete with men on equal parameters. In a substantive approach, the barriers that may come in between the aspirations of women and her motherhood are eliminated." 

Balance between women's rights and public employment interest

The court said that the reproductive rights of women, which include motherhood, come under Article 21 of the Constitution. It is their fundamental right and so it cannot be used as a disadvantage against women. Just because a woman is pregnant, she cannot let it clog her aspirations.

So the court called upon the need for legal regulations to address the situational reality of women which includes maternity while framing rules and policies in public employment. There should be a balance between women's rights and the larger interest of public employment. 

 Why this judgement is significant

This judgement marks a relief for many women in our society who are working and simultaneously have aspirations to be a mother. Just a few days ago, I was expressing in an article about how the imbalance between maternity and public employment policies makes me dread motherhood. But this judgment is a sign of relief. It shows that our law and order is taking cognizance of the discrimination working mothers face at work and is willing to eliminate it. 

In our society, many women are not hired because they might be mothers in the future and may take maternity leave. In fact, many women are questioned in their interviews about whether they are planning to be mothers or not. While it is understandable that maternity leave or leave of any kind might affect the interest of the company, it cannot be denied henceforth that women have the right to be mothers and employees. Just because women are not biologically equal to men, or have different aspirations in life, doesn't mean they cannot demand equality at work. 

Situational reality should be taken into consideration while forming policies. The policy framers need to be sensitive towards the issues and rights of women which are different from that of men. This calls for eliminating the male-dominated definition of employment policies and including women's perspectives in them too.

Offering menstrual and maternity leave, taxi service for women who work late at night, protection from sexual harassment and many other policies like these can help bridge the gender gap at work and allow women to work as freely as men. 

Views expressed are the author's own.