Gujarat govt hounds woman employee for having love child

In an unwarranted act of moral policing, a department of the state government has initiated a departmental enquiry against a woman employee who became pregnant before her marriage to the man she was in love with.

The woman sought protection from the Gujarat High Court when the departmental enquiry was initiated against her after serving her with a charge-sheet. The high court has intervened in the matter and directed the state government not to take any coercive action against her till November 19.

The woman has contended in her petition that the decision of the authorities to initiate a departmental enquiry against her is contrary to the Gujarat Civil Services Rules which govern the service conditions of state government’s employees.

She has opposed the government action stating that the circumstances in which she had to deliver a child could not be made a ground for slapping on her the charge of ‘moral turpitude’.

On the contrary, the government’s decision reflects gender bias and the inhuman approach of the authorities, she has alleged.

According to case details, the woman joined government service after the death of her husband 10 years back. She later fell in love with a man who was also a government employee and, in 2002, gave birth to a child out of wedlock. She and the man, however, got married in 2006.

In 2010, she had the shock of her life when her department issued a show-cause and then initiated a departmental enquiry against her on the ground of ‘moral turpitude’ and for ‘conduct unbecoming of a government servant’. When the department did not entertain her defence, she moved the high court for protection.

The woman’s lawyer submitted before the high court that the department had initiated action against her out of prejudice.

She had not acted against government rules as giving
birth to a child is entirely her personal matter.

She has further stated that she could not be subjected to departmental enquiry as the department itself had granted her maternity leave when she was expecting the child.The woman has also said that no misconduct can be attributed to her as it is her right to bear a child. The government should withdraw the action that had been initiated eight years after she gave birth to the child, she has stated in her petition.

After hearing the case, Justice Anant Dave issued notice to the state government asking it not to proceed any further with the departmental enquiry and posted the case for further hearing on November 19.