Manvee Kumar Saidha, a law student at Christ University, Bangalore, India, discusses a recent gender discrimination case and its impact on equality in the Indian workforce.
Recently, the High Court of Kerala, India, in Treasa Josfine vs. State of Kerala invalidated an employment notification that invited only male candidates to apply for the permanent post of Safety Officer. The judgement, which determined that women cannot be denied employment on account of the appointment involving work during night hours, is a significant step in fueling true empowerment. In acknowledging the changing dynamics of professions, liberally construing protective provisions and (re)emphasizing the fundamental right to equality as enshrined in the Indian Constitution, the decision materializes the common aspiration of achieving gender parity in workplaces.
Representative image
KOCHI: Women cannot be denied employment citing the need for working night hours and it is the duty of the government to ensure that women are able to work at night, said the high court.
The order by Justice Anu Sivaraman came after considering a petition by Treasa Josfine of Kollam through advocate PR Milton. The petitioner had challenged the notification for a permanent post of safety officer at Kerala Minerals and Metals Ltd that excluded women, citing the need to work at night.
A HC division bench had held in 1994 (Hindustan Latex Ltd vs Maniamma) that Section 66(1)(b) of Factories Act, which restricts women from working between 7pm and 6am, can only be a protection against exploitation of a woman worker.
Share This -
x Protective provisions cannot stand in the way of a woman being considered for employment for which she is otherwise eligible
The Kerala High Court observed that a woman who is fully qualified cannot be denied of her right to be considered for employment on the ground that she is a woman and because the nature of the employment would require her to work during night hours.
Protective provisions cannot stand in the way of a woman being considered for employment for which she is otherwise eligible, Justice Anu Sivaraman observed.
The court set aside an embargo contained in a job notification issued by Kerala Minerals and Metals Limited which allowed only male candidates to apply for the post. The court said that the said embargo is violative of the provisions of Articles 14, 15 and 16 of the Constitution.