Madras High Court's Stand on Job Denial Due to Pregnancy: How Should Employers Respond?

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Madras High Court Ruling on Job Denial Due to Pregnancy

Mrs. JUSTICE S. VIMALA of the Madras High Court held recently on 7 January 2019, in the matter of R. Devika vs The Chairman, that in cases of denial of a job on account of pregnancy, the Government Authorities should consider the constitutional provisions of India and the maternity protection and conventions of the International Labour Organization. The directive was to frame guidelines by providing the best possible measures to support women candidates who are in difficult circumstances due to pregnancy, maternity, or other natural causes.

"The pregnancy and childbirth should not be considered as impediments for the discharge of duty. The concessions given to pregnant women shall not be construed as concessions towards the personal comfort of the women. Childbirth should be considered as a contribution to the continuity of generations, without which the existence of the world is impossible."
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