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In a significant legal victory, the Rajasthan High Court has unequivocally upheld the rights of a female student who was denied the opportunity to attend examinations due to attendance shortages caused by advanced pregnancy. The court’s decision sets a precedent for gender equality and reinforces the importance of not discriminating against women based on pregnancy and childbirth.

The case involved a female petitioner pursuing a B.Ed degree who had to delay her course enrollment by a month due to her pregnancy. Following her delivery, she attempted to rejoin the course but was denied by the University. Subsequently, the Permanent Lok Adalat allowed her to continue in the first year, relaxed attendance requirements, and permitted her to appear in the first-year examination.

However, the University’s insistence on maintaining a mandatory 80% attendance requirement meant that she was not allowed to appear in the second-year examination. This led the petitioner to challenge the decision in the High Court.

The High Court emphasized the significance of international conventions and constitutional mandates in ensuring women’s rights during pregnancy and childbirth. India had ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which mandates maternity leave for pregnant women. The legal framework underscores the necessity of preventing discrimination against women based on pregnancy and childbirth. Furthermore, the court referred to Article 42 of the Constitution, which obliges the state to provide just and humane work conditions and maternity relief.

The court also drew attention to the Maternity Benefit Act, emphasizing the need for legislation to protect the rights of pregnant women, even outside the context of employer-employee relationships. This Act underscores the importance of safeguarding pregnant women’s rights in various aspects of life, including education.

While acknowledging that educational institutions may have their own rules regarding attendance, the court held that in cases where pregnancy significantly affects a female student’s attendance, discriminatory actions are not in line with the Constitution. The court recognized the unique circumstances of the petitioner, who was unable to attend classes due to pregnancy and childbirth, and thus deserved special consideration.

The court referred to precedents that upheld the rights of female students in similar situations, emphasizing that the Constitution’s mandate was to prevent pregnancy from hindering women’s education and employment. In line with this principle, the court concluded that the petitioner should not be deprived of the opportunity to take examinations due to her attendance shortfall caused by her advanced pregnancy.

Consequently, the court upheld the decision of the Permanent Lok Adalat, allowing the petitioner to appear in the second-year examination and declaring her results. The University was directed to declare the petitioner’s results and provide her with the necessary certificates, ensuring that her educational and professional future remains secure.

This landmark decision by the Rajasthan High Court serves as a beacon of hope for pregnant students and reinforces the principle that pregnancy should never be a barrier to education. It not only champions gender equality but also upholds the constitutional and international rights of women during pregnancy, setting a powerful precedent for future cases.

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