SC refuses relief to woman IPS officer challenging post-childbirth training bar

The Supreme Court on Friday refused to grant immediate relief to a petitioner, while upholding a 1993 Office Memorandum (OM) of the Union Ministry of Home Affairs (MHA) that prevents female Indian Police Service (IPS) probationers from joining training for a one-year period following childbirth.

The plea was filed by 2023-batch Madhya Pradesh IPS officer Urvashi Sengar. Disposing of the petition, a Bench of Justices Manoj Misra and Shree Chandrashekhar declined to issue directions to allow her to participate in the current training session at the Sardar Vallabhbhai Patel National Police Academy in Hyderabad.

The court observed that three out of the nine weeks of the training at the academy have already been completed, and therefore it would not be appropriate for her to join midway, as she would not be able to undergo it properly.

Even though the petition was rejected, the court took into record a submission by the Centre that Sengar's seniority would not be affected because of her inability to attend the ongoing training programme. The Supreme Court also directed the Central Administrative Tribunal (CAT) to hear her original petition on its merits.

In an earlier hearing, the Supreme Court had sought the Centre's response on why the petitioner should be prevented from continuing her training despite her claim of being medically fit.

"The petitioner delivered a child on 20.9.2025, the training was to commence on 22.6.26. Nine months virtually. If she is in a position to undertake training, why should this OM be read against her? It is only for her benefit. You have to see the purpose," the Bench had asked, according to legal news outlet Bar and Bench.

In response, the Centre's counsel had reportedly argued that nearly 30 per cent of IPS probationers joining training every year are women and that providing such an exemption had the potential to open the floodgates. Subsequently, the court observed that it would be prudent to apply the 1993 policy on a case-by-case basis.

"You have to apply your mind to whether the person is fit enough to undertake the training. You cannot simply say that you will be dealing with everything with the same kind of condition. One person may be fit, the other may not be fit. A person may not be fit for two years. It depends on the nature of the complication or the surgery," Justice Misra was quoted as saying by Bar and Bench.

While disposing of the petition later, the court observed that the policy was intended to provide relief and protection to women, and not to disqualify them or put them at a disadvantage.

WHAT DOES THE 1993 OM SAY?

The 1993 OM of the Union Home Minister prescribes that women IPS probationers should avoid becoming pregnant during their training period. It mandates that if a probationary officer indeed becomes pregnant, her training is suspended immediately.

She is permitted to resume training only a year after giving birth. In her petition before the Supreme Court, Sengar had argued that after giving birth in September 2025, she obtained medical fitness certification and sought permission to join the Phase-II training, which commenced in June this year.

The specific training programme comprises classroom-based training. However, the police academy declined her request, relying on the 1993 policy as the basis for its decision.

SETBACK FROM DELHI HIGH COURT

Sengar had approached the Supreme Court after the Delhi High Court struck down an order passed by CAT, which had granted interim relief to her.

The tribunal had allowed her to participate in the training, subject to her being medically fit. The order was, however, challenged by the academy before the Delhi High Court.

On June 22, the day the training session commenced, the high court paused the CAT's order, ruling that the policy preventing women officers from undergoing training for one year after delivery had been framed to ensure the welfare and best interests of both the mother and the child.

- Ends