HC- Issued Notice for Gender Discrimination CISF in Appointments

The petitioner Kush Kalra filed a writ petition before the Delhi High Court and requested to issue writ of mandamus to CISF & Ministry of Home Affairs to allow recruitment of Women as Constable/Driver and Constable/Driver-Cum-Pump- Operator (Driver for Fire Services) in Central Industrial Security Force at par with Man.

A bench of Acting Chief Justice Gita Mittal & Justice C Hari Shankar of High Court issued notice to CISF and Ministry of Home Affairs.

The petitioner said that currently only Indian males are eligible to apply for the in Central Industrial Security Force for the post of Constable/Driver and Constable/ Driver-Cum-Pump-Operator (Driver for Fire Services). He further submitted that Central Industrial Security Force (CISF) currently providing security cover to nuclear installations, space establishments, airports, seaports, power plants, sensitive Government buildings and even heritage monuments. Among the important responsibilities recently entrusted to the CISF are the Delhi Metro Rail Corporation, VIP Security, Disaster Management. Over the years, the CISF has provided Consultancy Services to more than 140 different organizations, including those in the private sector as stated in the website.

The petitioner stated that there is no reasonable justification for depriving inclusion of women employment by CISF for Constable/Driver for Fire Services when women are already doing job of similar nature. For example in Bihar the Central Selection Board of Constables is recruiting both men and women for post of Driver Constable/Driver for Fire Services. Similarly Delhi Police recruits women constables. Notably there is NO discrimination on the basis of gender or marital status.

The petitioner alleges that he saw discriminatory advertisement restricting eligibility to  only Male Indian Citizen for post of  CONSTABLE/DRIVER AND CONSTABLE/DRIVER-CUM-PUMP-OPERATOR-(DRIVER FOR FIRE SERVICES) IN CISF – 2017.

The petitioner also referred a case of the Delhi High Court in W.P.(C)No.10498/2015 has referred to Lord Denning’s observation about women: “A woman feels as keenly, thinks as clearly, as a man. She in her sphere does work as useful as man does in his. She has as much right to her freedom – to develop her personality to the full as a man. When she marries, she does not become the husband’s servant but his equal partner. If his work is more important in life of the community, her’s is more important of the family. Neither can do without the other. Neither is above the other or under the other. They are equals.”

The Supreme Court also in the case of Charu Khurana vs Union of India, held that Equality cannot be achieved unless there are equal opportunities and if a woman is debarred at the threshold to enter in to the sphere of profession for which she is eligible and qualified, it is well-nigh impossible to conceive of equality. It also clips her capacity to earn her livelihood which affects her individual dignity.

Thus the said recruitment advertisement is violative of Articles 14,  15(1) and 16 of the Constitution which provide that the State shall not deny to any person equality before the law; and is precluded from discriminating against citizens on grounds only sex;  and the fundamental guarantee that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

—India Legal Bureau