38.6c New Delhi, India, Friday, May 24, 2024
Judiciary

Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment]

By LawStreet News Network      08 September, 2023 07:16 PM      0 Comments
Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment]

The Rajasthan High Court has held that depriving a woman of public employment on the ground of her being unmarried, was not only violative of her fundamental rights guaranteed under Articles 14 and 16 of the Constitution but impinged upon her dignity as well.

Justice Dinesh Mehta quashed the condition in the circular requiring the applicant to be of married woman for applying the post of Anganwadi worker, saying this was a classic case of discrimination with a new facet for women.

"The condition of a woman to be married being absolutely unconscionable and violative of women’s right to apply and get public employment is liable to be declared arbitrary and unconstitutional," the court said.

A writ petition was filed by Madhu after being aggrieved with a condition in the Circular of November 09, 2016, issued by the state government.

She was graduate’s degree in Arts  and had obtained a Computer Proficiency Certificate (RS-CIT), but is yet to marry.

Her counsel conducted the condition was absolutely irrational, discriminatory and violative of fundamental rights of the unmarried candidates.

The state counsel said the advertisement has a rationale behind it that is if after being engaged as Aanganwadi Worker or
Helper, if a candidate gets married and shifts to her marital home
(located at different place), the working of the Center where she
was appointed would get hampered.

The bench, however, held, "The discrimination which is meted out to the unmarried women on account of the offending condition cannot be countenanced. The same is ex-facie illegal, arbitrary and against the very scheme of the Constitution of India, which guarantees equality".

After framing the seminal question whether a candidate can be discriminated or denied public employment on the ground of his/her marital status, the judge said, mere fact that a candidate is unmarried cannot be a reason to disqualify her.

"Present case is a classic case wherein, the discrimination encountered by women has been given a new facet. An unmarried woman is discriminated against a married woman. The ostensible reason given to support the impugned condition that an unmarried woman after marriage would migrate to her matrimonial house does not pass muster the test of reasonableness and prudence," the court said.

The bench put a series of question to policy makers what if, the candidate marries to a boy of the same village or vicinity, what if, a married woman after being engaged as Anganwadi Karykarta moves to other place, what if, a woman’s husband decides to live in woman’s parental home, what if, a woman gets widowed or divorced and decides to move to a new place and what if, a woman does not wish to marry at all.

"The State can neither pre-empt any such situations nor can it prevent a woman from claiming job simply because she has not tied the nuptial knot," the bench said.

Allowing the writ petition, the court said that marital status or the condition of a woman to be married to work in Aanganwadi hardly fulfills any object.

"The apprehension that after marriage, a women will move on to her matrimonial house is firstly baseless and secondly, it cannot be a reason to justify or protect the offending condition," the bench said.

It said the condition which requires an applicant to be a resident of the area in which the Aanganwadi Center is situated is sufficient to ward off the apprehension of the State and further to ensure smooth functioning of the Aanganwadi Center.

[Read Judgment] 



Share this article:

User Avatar
About:


Leave a feedback about this
Related Posts
View All

Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment] Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment]

Rajasthan High Court rules that denying a woman a job due to her marital status violates fundamental rights. Learn how the court quashed this discrimination.

TRENDING NEWS

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email