Kerala HC: Women's Transfer Orders Should Be Considered Sympathetically

Recently, the Kerala High Court stated that working women play a significant role in the household, so their transfer orders should be considered sympathetically. The court stated this while addressing a petition filed by two women doctors who were transferred from the Employees State Insurance Corporation Hospital in Ernakulam to the one in Kollam.  

Challenges the women face after being transferred

The court headed by A Muhamed Mustaque and Shoba Annamma Eapen said that women who are transferred have to face additional challenges like "finding suitable childcare arrangements and maintaining a work-life balance in an unfamiliar environment." The bench also said that women who are transferred to new locations find it difficult to cope with relocation stress and the stress of forming new networks and support systems. 

The court added, "Additionally, access to career advancement opportunities and facing potential disruptions to their career progression might also be significant concerns."

Women are the primary caregivers

Calling women the caretakers of children and aged parents, the court said that women cannot always leave behind them behind after getting transferred. 

"Mainly women play the major role in taking care of the parents who are sick due to old age. In such situations, open-mindedness, empathy and understanding are expected from the employers," the court said. 

One of the women petitioners was a gynaecologist. Her husband too was a doctor in another hospital in Ernakulam. The woman had two children, one was seventeen years old, and the other was six years old. Both children suffered from severe asthma. One of the children in Class 11th. Moreover, the petitioner's mother is 89 years old and solely dependent on the petitioner. The mother is undergoing treatment in a hospital in Ernakulam for several ailments. 

On the other hand, the other woman petitioner was a general surgeon and her husband worked in Bangalore. This made her the only caretaker of her seven-year-old child and her siling mother. 

Addressing the petition, the courts said, "A mother when transferred to another destination leaving aside a child who is studying in 11th standard, several challenges may arise. It is difficult to shift a child to another school during the midst of the academic year, especially in the 11th standard. To take care of the aged parents is the primary responsibility of children."

The court proceeding

The two women petitioners had first approached the Central Administrative Tribunal (CAT) in Ernakulam. However, the tribunal did not dispense any interim order in their favour as the hospital in Ernakulam had said that the two doctors were already relieved from the hospital. 

But the women challenged the tribunal's decision in the high court. The high court said that the tribunal should have been more considerate of the situation of the two doctors. However, since the original petition filed by the doctors is still pending at the tribunal, the Court has ordered the hospital and the petitioners to take appropriate steps to get the application disposed of. Until then, the court said the status quo should be maintained.