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Service Law: A Mother Can’t Be Compelled To Choose Between Her Motherhood & Employment

Can the state, or its instrumentality as an employer, discriminate against a woman employee based on compelling family care giving responsibility (read giving care to her child)?

The Kerala High Court has decided in the negative while recognising the fundamental right of a woman to dignity of a mother and fairness at workplace which cannot remain insensitive to the love of a mother for her child.

“No service Regulations can stand in the way of a woman for claiming protection of her fundamental right of dignity as a mother,” Justice A Muhamed Mustaque said.

The court also emphasised that the government should come up with a legislation to protect employees from discrimination at workplace due to their family responsibilities.

The court said so while upholding the plea of a woman against her termination from service on account of her long absence from service as she needed to look after her child suffering from mild-autism.

A copy of the judgment has been directed to be forwarded to the Law Commission of India, Department of Labour and Social Welfare of the State and the Union and also to the Law Department of the Union and the State.

In the instant case, the court was faced with the petition of a “distressed mother, a working woman who was confronted with the complexity of working environment designed by an architecture without adhering to rules of gender equality; often overwhelmingly to suit men”.

Article referred:http://www.livelaw.in/mother-cant-compelled-choose-motherhood-employment-state-cant-discriminate-right-dignity-mother-kerala-hc/

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