The Kerala High Court has made an observation stating that mothers should not be forced to make a choice between motherhood and employment. It directed the State to adopt a compassionate approach towards the transfer of single mothers, with the aim of honoring the fundamental rights of both the parent and the child.

The Division Bench, consisting of Justice A. Muhammad Mustaque and Justice Shoba Annamma Eapen, noted that the rights of children impacted by transfers of single parents or mothers were being handled insensitively in contemporary times.

The court was addressing the case of an eleven-year-old child and her single mother, who was a trained Graduate Teacher employed at Kendriya Vidyalaya in Kochi. The mother had appealed to the Central Administrative Tribunal against her transfer to Kendriya Vidyalaya in Agartala, Tripura, which was approximately 2200 km away from Kochi, due to a promotion.

It was presented that her application was dismissed with a directive to the authorities to reevaluate the situation to determine if she could be assigned a posting in Kerala or other nearby states. Displeased with the ruling, the Union Government and Kendriya Vidyalaya Sangathan appealed to the Kerala High Court.

The applicant was divorced in 2018 by mutual consent and has an 11-year-old child. As a single mother, she asserted that she solely cared for the minor child. It was argued that if the applicant were transferred to a distant location, the father, who had visitation rights to the child, would also be unable to maintain contact with the child.

The Central Government Counsel contended that the applicant's concerns could not be viewed sympathetically, as the organization's interests must take precedence over individual rights.

The Court emphasized that relocating the applicant to a distant location would disrupt the compromise decree reached between her and her husband regarding visitation rights over their minor child.The Court further highlighted that state authorities hold the responsibility to safeguard the fundamental rights of a child, as childhood demands special care and attention from both parents. In the context of this case, the Court emphasized that transferring the applicant to a distant location would significantly impede the visitation rights of the father. Therefore, the state has a duty to make a decision that would inflict the least harm on the child's right to life. The Court proceeded to outline the challenges faced by single working mothers, noting that they must navigate the responsibilities of both parental roles alone, often juggling multiple responsibilities. It emphasized that single mothers exhibit exceptional strength in managing work, household duties, and nurturing their children simultaneously. Therefore, having a support system, effective time management skills, and resilience are crucial for them.

Therefore, the Court concluded that the Tribunal's order directing the respondents to reevaluate the situation and contemplate the applicant's posting anywhere in Kerala or a neighboring state does not warrant interference.

Accordingly, the petition was disposed of.

Counsel for Petitioners (Respondents in OA): Central Government Counsel T V Vinu

Counsel for Respondent (Applicant in OA): Advocate T N Sreekala