Hon’ble Supreme Court vacation bench recently in Ankita Meena v. University of Delhi observed a very interesting aspect with respect to women studying and their rights in situation of them being pregnant. In this case petitioner was not granted interim relief and was debarred from giving exam because of her shortage of attendance[i] due to pregnancy.
In the entire case, it was kept in mind that professional courses require attendance and especially legal education sacrosanct demands regular class as law is a pillar of democracy and it has to play a pivotal role in democracy and hence demands sincerity.
But actually this decision has come like deterrence to field of higher education of girls. We even today, after so many years of independence have not reached to a status where men and women are treated equally. Society and stereotypes still prevail which though have liberated boundaries for girls for basic education but higher education is still a farfetched dream.
Still there are many girls who have to shun learning after marriage and if few chose, procreation and child care come in path of learning. Right to procreate comes under Article 21[ii] freedom of life and liberty and no one can actually take it away. This argument was put forth even in this case. But due to non-harmony in DU laws and Rules of Bar Council this argument could not hold great effect.
Pregnancy affects women in different ways and must be accommodated in an academic session if the student wants, said Amita Dhanda, professor at NALSAR University of Law, Hyderabad, adding, “It is not right to say that pregnancy must be planned and prioritised by a student[iii].” This has even been supported by renowned professors. This is because women who make an initiative for learning even after marriage have to face such challenges like times of procreation and health issues during pregnancy which actually are natural and out of human control.
However Calicut University is actually an epitome of inspiration on gender equality; in this university the female students in professional courses like nursing even enjoy maternity benefits[iv]. This step is a stepping stone to success because this will not hinder education of many women and hopes of women who even after procreation want to fulfill their dreams and contribute to nation.
The Maternity Benefit Act [v] is a welfare legislation, which gives ray of hope to mother employees to balance their homes as well as profession. But our education field is bereaved of these benefits. Female students like Ankita Meena actually have to relinquish their dreams because till now our legislature has not drawn its attention to these circumscribing problems.
According to our sacred constitution which ensures equality before law, why still India lacks on gender equality that too on terms of education. I totally agree professional courses like law need proficiency and this is a dynamic field which demands experience and dedication but hard rules and conditions actually are preventing budding women lawyers to climb the scales of success. This is because even today we are living in a society where women are married at early age as they are considered chattel and it is taboo if women chose learning to marital responsibilities, so like a robust steal she continues harmonising interest of all.
But
if the hurdles of attendance come in way of a female student absent from
college or university due to her pregnancy, then reforms should be made to balance
the situation. After all everyone should have equality in opportunity of
learning. Maternity benefits with professional
ethics can be harmonised and a peaceful solution can pave a way for success of
gender equality in India. ‘The legal subordination of one sex to another – is
wrong in itself, and now one of the chief hindrances to human improvement; and
that it ought to be replaced by a system of perfect equality, admitting no power and privilege on
the one side, nor disability on the other’.
[i] Advocates Act, 1961 (Since the Bar Council of India recognise the LL.B. Degree Course of the University of Delhi and the Bar Council of India is a statutory body constituted under the Advocates Act 1961 and is empowered to lay down standards of legal education, and hence forth 66% is minimum requirement but the petitioner had only 49% attendance).
[ii] The Constitution of India, 1950, Article 21.
[iii] Pregnant students can’t claim exemption from attendance rules, says Kerala court, June 17, 2016, available athttps://www.livemint.com › Education › Education. (Last visited June 3, 2018).
[iv] KR Rajeev, Calicut University grants maternity leave to women students, Times of India, July 18, 2013.
[v] Maternity Benefit (Amendment) Act, 2017 (March 9, 2017).
This article is written by
Divyanshi Shrivastava of
Maharashtra National Law University, Nagpur
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