We are living in a modern society where rule of law and common consciousness is at their peak considering the awareness related to the personal right to life. But despite being legally and socially aware of the very fact, if a woman is denied her right of the profession in light of her pregnancy, then nothing can be considered to be more degenerative than this for a modern and progressive society like India.
Pregnant women unfit for Job
According to a report, Indian Bank in its circular has termed three months pregnant women “temporarily unfit” for bank jobs. In its recently released rules and regulations related to physical health requirements for a candidate in bank jobs, the provision has been made that a woman selected for a job will have to go through a pregnancy test after six months of selection and then a joining letter will be issued. The regulation further states that if a woman candidate is found to be pregnant for 12 weeks, then she will be considered unfit to join the job.
Earlier in December 2021, a similar circular was issued by the State Bank of India (SBI) related to pregnant women. The circular stated that a 3 months pregnant woman will temporarily be considered unfit and she may be allowed to join within 4 months after delivery of a child. But after criticism, they had to withdraw the notification.
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Notification against every norm of a civilized society
Article 15 of the Indian Constitution provides that the state shall not discriminate against any citizen on the ground only of religion, race, caste, sex, place of birth, or any of them, Further sub section 3 of Article 15 enables the state to make special provision for women in all sphere of life. Moreover, Article 16 of the Indian Constitution provides similar provisions concerning public employment.
The constitution enables the state to provide special treatment to women and at the same time prohibits the state from discriminating based on sex. Pregnancy is inbuilt with the women’s sexual orientation and any discrimination related to pregnancy is a violation of the fundamental rights of a woman.
It must be noticed that both SBI, as well as Indian Bank, are public sector banks. They are considered a state under the definition of article 12 which itself pledges to protect the fundamental rights of its citizens. Such notifications are not only against the ethos of the constitution but strangled the basic human rights of a woman.
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Pregnancy is one of the most beautiful experiences of a woman and if the same pregnancy becomes a problem for a woman to earn then the foundation of society seems to be in danger. Considering the same acts like Maternity Benefit Act, 1961 and the Code on Social Security Act, 2020 have been enacted to provide every relief to women during their pregnancy and provisions, like paid leave and proper care, have been provided. Bank’s notification is both legally as well morally unjustified and should be immediately withdrawn.
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