Women employees need compassionate transfer policies: Two days after the world celebrated International Women’s Day, the Supreme Court on Thursday ruled that the transfer policies of governments need to be compassionate towards female employees, recognizing that they serve as primary caregivers at home with an unequaled share of the workload.
The Central Bench of Indirect Taxes and Customs, comprising Justice DY Chandrachud and Justice Vikram Nath, while dealing with the controversy arising out of withdrawal of inter-commissioner transfers, refused to interfere with the policy decision but asked governments to bring real parity by considering suggested. Conditions faced by women in society and the workplace.
Writing the judgment, Justice Chandrachud observed, “…it becomes necessary for the government to adopt policies through which it creates genuine equality of opportunity for women in the workplace, apart from formal equality.”
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“Women are subject to a patriarchal mindset that treats them as the primary caregiver and homemaker and, thus, has a disproportionate share of family responsibilities on them,” he said while framing transfer policies from governments asked to keep this aspect in mind.
The bench said, “We leave it open to the respondents to revisit the policy on the grounds of posting of spouse, needs of the handicapped and compassionate. Such an exercise should be left to the jurisdiction of the executive, in the process of ensuring that the constitutional values covered under Articles 14, 15, and 16 and Article 21 of the Constitution are duly protected.
Justice Chandrachud observed that measures to ensure genuine equality for women not only factor in the disadvantages that serve to restrict access to the workplace, but equally those that occur after a woman gains access to the workplace. continue working.
“The influence of gender in producing unequal outcomes continues to operate beyond the point of reach. The true objective of achieving true equality must be served by the State in recognizing persistent patterns of discrimination against women once they are in the workplace, said the bench.
“There is no doubt that the State, in its role as a model employer as well as an institution, which is subject to constitutional norms, must keep in mind the fundamental right to basic equality when it extends to its employees as well. formulates the policy,” it said.