Chest measurement test for female forest guard candidates outrageous: Rajasthan HC
Jodhpur, Aug 16: The Rajasthan High Court has denounced the criterion of chest measurement to gauge the lung capacity of female candidates during physical examination in recruitment process for foresters "or any other post", saying it is absolutely arbitrary and outrageous and dents a woman's dignity.
It also directed the state authorities to seek opinions of experts to explore the possibility of any alternative means to determine the desired level of lung capacity "to avoid this unwarranted humiliation of women candidates".
Justice Dinesh Mehta made the observation while deciding a petition by three female candidates challenging their disqualification on the parameter of chest measurement despite clearing the Physical Efficiency Test for the post of Forest Guard.
The court preferred not to intervene in the recruitment process, which had already taken place, but stated "some deliberation is necessary about the very requirement of chest measurement for the female candidates, may it be for the recruitment of Forest Guard or Forester or any other post".
The size of the chest and its expansion in the case of a female candidate may not necessarily be a pointer of physical fitness and a litmus test of the lungs' capacity, the judge observed in the August 10 order.
"Even if it be so, such measurement impinges upon or intrudes on the privacy of a female. Apart from being irrational, prescribing such criterion disrupts the dignity, bodily autonomy and mental integrity of a woman", the court stated in its order.
The court observed that the criterion is absolutely arbitrary and outrageous and a clear dent on a woman's dignity and right to privacy guaranteed under Articles 14 and 21 of the Constitution of India.
The petitioners have told the court that their measurement was more than required after which the high court sought a report from the medical board of AIIMS.
The report, however, stated that two candidates' chest measurements were less than required in the "normal condition" while one of them had chest measurement less than required in the "expanded condition".
Based on this report, the court rejected their petitions and upheld the decision of the recruiting agency to disqualify them, but objected to the use of chest measurement among female candidates.
A copy of the order was marked to the state chief secretary, the secretary of the forest department and the secretary of the department of personnel to have a relook into this criterion.
It asked them to solicit the opinion of experts to explore the possibility of alternative means to determine the desired level of lung capacity.
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Not surprised EC gave itself clean chit: Cong slams poll panel on Haryana complaints
Warns ECI of legal action over 'condescending' tone
New Delhi, Nov 1: The Congress on Friday hit out at the Election Commission after it rejected allegations of "irregularities" in Haryana assembly polls, saying if the poll panel's goal is to "strip itself of the last vestiges of neutrality", then it is doing a "remarkable job" at creating that impression.
The opposition party claimed that the EC's reply was written in a tone that is condescending and warned that if the poll panel persists with such language then it would have no choice but to seek legal recourse for getting such remarks expunged.
The Congress's response came days after the EC rejected allegations levelled by it over "irregularities" in assembly polls, saying the party was raising "the smoke of a generic doubt" about the credibility of an entire electoral outcome as done in the past.
The Congress said it is not surprised that the ECI has examined its complaints and "given itself a clean chit". The answer given to the question of the machines' fluctuating batteries seeks to confuse rather than clarify, it said.
"At any rate, the ECI reply is nothing more than a standard and generic set of bullets on how the machines function rather than a specific clarification on specific complaints. In short, while our complaints were specific the ECI response is generic and focused on diminishing the complaints and the petitioners," the Congress said.
In its letter to the EC signed by nine senior Congress leaders, including general secretary in-charge communications Jairam Ramesh, the party said, "We have carefully studied your response to our complaints. Not surprisingly, the ECI has given a clean chit to itself. We would normally have let it be at that. However, the tone and tenor of the ECI's response, the language used, and the allegations made against the INC compel us to submit the counter-response."
The Congress letter said that if the Commission grants a recognised national party a hearing or examines issues raised by them in good faith it is not an 'exception' or 'indulgence' but it is the performance of a duty required to be done.
"If the Commission is refusing to grant us a hearing or refusing to engage on certain complaints (which it has done in the past) then the law allows recourse to the higher courts' extraordinary jurisdiction to compel the ECI to discharge this function (as happened in 2019)," the letter said.
The Congress leaders, who had petitioned the EC alleging irregularities in the polls, said every reply from the EC now "seems to be laced with ad-hominem attacks" on either individual leaders or the party itself.
"The ECI's reply are written in a tone that is condescending. If the current ECI's goal is to strip itself of the last vestiges of neutrality, then it is doing a remarkable job at creating that impression," the party said in its letter to the EC.
"Judges who write decisions do not attack or demonise the party raising the issues. However, if the ECI persists then we shall have no choice but to seek legal recourse to expunge such remarks," said the letter signed by Ramesh, K C Venugopal, Ashok Gehlot, Bhupinder Hooda, Ajay Maken, Abhishek Singhvi, Uday Bhan, Partap Bajwa and Pawan Khera.
They also said that the "pattern" sought to be identified by the ECI in its reply is "disingenuous" as sometimes acting on complaints immediately is the key.
"If they are not redressed on the ground then they become redundant. And then the only remedy available is an Election Petition which is a lengthy process taking years to resolve. Thus, we approach the ECI with whatever information we have, and the ECI with the vast resources at its command, examines and reviews this information to see if the same is correct. Many times, the ECI has found our information to be correct. Other times, not so. But we do not name and shame the ECI for those moments after the Election is over," they said.
The Congress said if they were "bad faith actors", then they would never engage with the ECI to begin with. "We would focus on naming and shaming the Commission with examples from the ECI's own recent history which do not shroud it with glory," it said, adding that they would have never engaged in that case.
The Congress said it has sent over a hundred complaints against the prime minister and home minister, but "the ECI has taken action in precisely zero complaints, while calling our party president and former party president to account for their actions/speeches".
"We would point out how the ECI never published a dissent note, actively suppressing it instead, by a former Commissioner in this regard. We would point out that the ECI has almost always fought any move for transparency and increase in VVPAT verification numbers, with the same having to be ordered by the Supreme Court. We challenge the ECI to fact check the above since it finds the INC's misgivings to be based on phantoms," the Congress said.
In a strongly-worded letter to Congress president Mallikarjun Kharge, the poll panel had said such "frivolous and unfounded" doubts have the potential of creating "turbulence" when crucial steps like polling and counting are in live play, a time when both public and political parties' anxiousness is peaking.
The BJP retained power in Haryana winning 48 of the 90 seats in the October 5 assembly polls.
