The Kerala High Court said that pregnancy or motherhood shouldn’t stop women from getting public jobs. The Court stressed the need for real gender equality and looking at situations to bridge gender gaps. Ignoring the real situation could mean denying opportunities because of biological reasons.
The Court pointed out that men and women both contribute to procreation, but women may face disadvantages due to the burden of pregnancy in public appointments. Men, not having the burden of pregnancy, may have an advantage in such situations.
A court order, issued by Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen, allowed Athira P and Arya G Krishnan to apply for an assistant professor position in Radiodiagnosis.
The doctors, from Kozhikode and Kollam, respectively, were initially unable to apply due to lack of the required one-year experience as a senior resident in radiodiagnosis in an National Medical Commission (NMC)-recognised medical college after obtaining a postgraduate degree. They explained the delay was due to maternity leave.
After seeking permission from government officials, which was not granted, they approached the Kerala Administrative Tribunal, whose rejection led them to file a petition in the High Court.
The HC acknowledged the complexities and disadvantages associated with motherhood, emphasising the need to consider these challenges to address gender gaps. The judges advocated a fair and inclusive approach, stating that laws and regulations should account for the situational reality of women, particularly concerning maternity, when formulating rules related to public employment.
The HC highlighted potential biases in creating rules for public employment due to biological differences. While the Constitution advocates both formal and substantive equality, the Court emphasised that women, despite equal standing with men, may face disadvantages in fair opportunities because of biological distinctions. Granting permission to the petitioners to apply for a post, the Court stressed the need for experience certificates within the stipulated time set by the Public Service Commission.
