Jharkhand HC: Hiring Women Only When No Male Candidates Available Is Gender Discrimination

The Jharkhand High Court reaffirmed that denying employment to a female candidate solely based on gender violates Articles 14 and 15 of the Indian Constitution. The court criticized Eastern Coalfields Limited for considering female candidates only in the absence of male nominees, labeling this practice discriminatory.

Justice Sanjay Kumar Dwivedi stated, “Denying employment to a female candidate is against constitutional provisions.” He referenced a counter affidavit noting that female employment proposals were only considered in exceptional cases without male nominees, emphasizing that such discrimination is unconstitutional. The judge cited the Supreme Court’s ruling in Secretary, Ministry of Defence v. Babita Puniya to support this position.

The case stemmed from an agreement between Eastern Coalfields Limited and the petitioner’s father regarding land use for coal extraction. Following legal proceedings that mandated compensation and job opportunities for dependents of land losers, the court stressed the importance of equal employment rights for women.

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