In Air India Vs, Nargesh Meerau (1981) 4 SCC 335, an Air hostesses case, according to regulation 46 and 47, the air hostesses shall retire on following contingencies (1) on attaining age of 35 years (2) on marriage, if it took place within four years of service (3) on first pregnancy. On other hand, Assistant Flight persons were retiring at the age of 55 or 58 years. Both categories continued the same cabin crew. The Apex court observed that compelling the air hostess not to have any children and thus interfere with and diverts the ordinary course of human action. The Apex court observed that this provision is not only manifestly unreasonable and arbitrary, but contains the quality of unfairness and exhibits naked despotism and therefore violative of Article 14. There are vide variety of women employees i.e. (1) small segment in workforce as executives and prestigious professionals (2) semi professionals like nurses, school teachers who are hired not only for their skills and intelligence, but presumably for their looks too. (3) The lowest economic stratum, predominantly illiterate semi literate. We have to see that (1) whether there are set of laws which meaningfully deals with the stresses and strains faced by women in workforce (2) Do existing law discriminate in any way against those women? (3) are the existing law comprehensive enough to protect the interest of women ? (4) What are the special steps required to meet the specific disabilities faced by women (5) Is there the need for special laws to meet the disabilities faced by women. Laws, as we know, are only regulatory and not curative and had this not been so. Nothing would have been easier for us and to make laws against all social evils and find the next morning that our society has become heaven. The eradication of an evil lies not so much in law as in the society itself. No society can exists, breathe and move without a base and this base is provided by norms and values.
Posted on: Wed, 18 Jun 2014 15:11:42 +0000
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