Judicial Review Not Negated In Election Matters Where Level Playing Field Is Impaired By Violence: Supreme Court FIR Registration | Prospective Accused Has Locus Standi To Appeal Against Single Judge's Direction: Supreme Court Executing Deed Claiming Disputed Property Not 'False Document' Without Impersonation; Civil Disputes Can't Be Criminalised: Allahabad High Court Section 24 CPC | Partition Suit Can Be Transferred To High Court To Avoid Inconsistent Findings With Pending Testamentary Proceedings: Bombay High Court Upgraded Junior High Schools Lose Separate Legal Identity; Recruitment Under 1978 Rules Not Maintainable For Resulting Vacancies: Allahabad High Court Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2) Section 307 IPC | Absence Of Bodily Injury Does Not Exclude Offence If Intention Or Knowledge Is Established From Surrounding Circumstances: Delhi High Court Income Tax Reopening | Assessing Officer Cannot Initiate Reassessment Based On Third-Party Allegations Without Establishing Direct Nexus With Assessee: Gujarat High Court Section 294 CrPC | Non-Examination Of Autopsy Doctor Not Fatal To Prosecution When Post-Mortem Report's Genuineness Is Undisputed: Karnataka High Court Section 25 Arms Act | Mere Custody Without Awareness Not An Offence, 'Conscious Possession' Essential: Delhi High Court Quashes FIR Over Single Live Cartridge Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Article 227 Constitution of India | High Court Cannot Sit In Appeal Over Findings Of Tribunal Under Supervisory Jurisdiction: Kerala High Court Mere Registration Of Will Does Not Dispense With Requirement To Prove Execution Under Section 68 Evidence Act: Madras High Court Insurance Policy Exclusion | Onus To Prove Suicide Can Be Discharged By Circumstantial Evidence And Unexplained Discrepancies In Medical Records: NCDRC Registration Act | Contested Decree Declaring Pre-Existing Rights By Adverse Possession Does Not Require Compulsory Registration Or Stamp Duty: Madhya Pradesh High Court Section 100 Patents Act | Government Empowered To Authorise Manufacture Of Patented Life-Saving Drugs For Non-Commercial Distribution To Patients: Kerala High Court Madras High Court Slaps ₹1 Lakh Cost On Centre Over Botched Prisoner Repatriation Contempt Of Court | Bona Fide Efforts To Verify Credentials Preclude Finding Of 'Wilful Disobedience': Telangana High Court Financial Commissioner Cannot Remand Appointment Of Lambardar Without Finding Perversity In Collector’s Order: Punjab & Haryana High Court Article 226 | High Court Cannot Act As Second Appellate Authority Over Transfer Orders; Judicial Review Permissible Only On Four Limited Grounds: Rajasthan High Court Drugs and Cosmetics Act | Prosecution Must Prove Possession And Lack Of Licence Through Independent Evidence; Failure Of Panch Witnesses Is Fatal: Telangana High Court Section 392 IPC | Appellate Courts Can Reduce Sentence To Period Already Undergone Considering Protracted Litigation And Lack Of Criminal Antecedents: Punjab & Haryana High Court

Chest Measurement Criterion for Female Candidates Deemed Arbitrary and Violative of Dignity: Rajasthan High Court

07 May 2024 2:49 AM

By: Admin


In a groundbreaking decision, the Rajasthan High Court, presided over by Justice Dinesh Mehta, has ruled that the practice of using chest measurements as a criterion for determining physical standards, particularly for female candidates, is “absolutely arbitrary, rather outrageous to say the least.” The court’s decision came in response to a civil writ petition filed by three female candidates who were rejected during the Physical Standard Test (PST) for the post of Forest Guard.

The court observed that the requirement of chest measurement, which was being used to assess the strength and fitness of female candidates, was scientifically unfounded and amounted to a violation of the dignity and privacy of women. “It is a clear dent on a lady’s dignity and right of privacy guaranteed under Articles 14 and 21 of the Constitution of India,” the court stated.

Justice Dinesh Mehta further noted that the size of a woman’s chest and its expansion are not necessarily indicative of physical fitness, and such a criterion impinges upon a woman’s autonomy and mental integrity. The court expressed its concern over the lack of sensitivity exhibited by the administrative authorities in formulating such criteria.

The court’s decision not only addressed the specific case at hand but also raised broader questions about the rationale behind such criteria in recruitment processes. The judgment recommended a revaluation of the chest measurement criterion and suggested that experts’ opinions be solicited to explore alternative means of determining the desired level of lung capacity without subjecting female candidates to unwarranted humiliation.

This landmark judgment not only highlights the importance of upholding the dignity and rights of female candidates in recruitment processes but also underscores the need for a more sensitive and scientific approach to determining physical standards for all candidates.

Date of Decision: 10/08/2023

Vandana Kanwar vs State Of Rajasthan

Latest Legal News