New front of discrimination: Rajasthan HC on woman denied Anganwadi job as she is unmarried

Rajasthan High Court recently termed illegal and arbitrary denial of employment as an Anganwadi worker to a woman on grounds that she is t married, saying case has revealed a new front of discrimination.

Taking severe objection to condition listed by department of women and child development that applicants for post of Anganwadi workers must be married women, a single bench of Justice Dinesh Mehta on September 4 directed respondents to process petitioner's application form within four weeks.

court called condition mentioned in an employment advertisement ex facie illegal, arbitrary and against very scheme of Constitution.

Petitioner Madhu Charan moved high court after being verbally told during her application form submission at Anganwadi Center in Barmer district’s Gudi that she was ineligible for post since she was unmarried.

Counsel for petitioner Yashpal Khileree argued that Charan was refused employment as she was unmarried and that condition was absolutely irrational, discriminatory and violative of her fundamental rights.

Defending decision of department, defence counsel said that after being inducted as an Anganwadi worker or helper, if a candidate gets married and shifts to her marital home, centre where he was appointed gets affected.

Rejecting defence's arguments, court observed that an entirely new front of discrimination has w been opened by respondents by including contentious condition.

“ ostensible reason given to support impugned condition that an unmarried woman after marri would migrate to her matrimonial house does t pass test of reasonableness and prudence and thus, mere fact that a candidate is unmarried cant be a reason to disqualify her,” court said in its order.

“Depriving a woman of public employment on grounds of her being unmarried, apart from being violative of fundamental rights guaranteed to a woman under Articles 14 and 16 of Constitution of India, impinges upon a woman's dignity,” it stated.