The Rajasthan High Court has termed the recruitment eligibility criteria for the Forest Guard post, wherein women aspirants are expected to undergo chest measurement test, as ‘arbitrary’, ‘outrageous’ and an ‘affront to the dignity of a woman’.
“This Court cannot, but refrain from observing that the respondents’ act of setting up chest measurement to be a criterion, particularly for female candidates, is absolutely arbitrary, rather outrageous to say the least. 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 said.
“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 litmus test of lungs’ capacity. 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 added.
The court directed that its order be sent to the Chief Secretary; Secretary of the Forest Department, and Secretary of the Department of Personnel, Government of Rajasthan, to have a relook at such a criterion or relevant rule.
The court also suggested that the government departments may solicit experts’ opinions to explore the possibility of alternative means to determine the desired level of lung capacity so as to ensure that the “unwarranted humiliation” of women candidates is avoided.