Woman can’t be barred from joining Army Medical Corps on pregnancy ground: HC

In a landmark verdict, the Punjab and Haryana high court has ruled that a woman cannot be permanently debarred from joining as a doctor in the Army Medical Corps on the ground that she is/ was pregnant during the selection process, asserting such an action has “no place” in modern India.

The woman, who applied in early 2013 for a short service commission in the AMC, was asked to join service in February 2014 after clearing all exams and medical tests. However, between the period of her application and joining, the petitioner conceived and disclosed this on the date of joining, after which she was not allowed to assume duties. She then approached the HC.

Passing a judgement recently on the woman’s petition, Justice Harinder Singh Sidhu held that forcing a choice between bearing a child and employment interferes both with a woman’s rights and her right to employment and such an action could have no place in modern India. 

In the verdict relating to the rights of women in uniformed services, the High Court also held that in such cases, keeping the nature of employment in consideration, the government could grant maternity leave or keep a vacancy reserved which could be offered to a candidate after childbirth. 

The woman was informed that she could not join since her pregnancy amounted to deterioration in health. Her candidature was cancelled and she was advised to undergo the entire selection process again in case she wanted to join AMC. Aggrieved, the petitioner had moved the HC in 2014, averring that pregnancy was not “deterioration in health” but a mere incidence of marriage and womanhood.