Asking pregnancy Status in application form
Gaurav Agarwal
(Querist) 15 November 2009
This query is : Resolved
We are planning to open a school, primary, most of the teachers in primary school are female. Attrition is one of the problems faced by the management in such schools, one of the reasons for same is pregnancy status of applicant. Can we ask pregnancy status of applicant in application form, can such question be asked during interview?
G V S Jagannadha Rao
(Expert) 15 November 2009
I suggest not to put that question in the application form. It can be casually put in the interview after ascertaining the marital status etc.
Gaurav Agarwal
(Querist) 15 November 2009
I agree will you, but we need some basis for taking any call. Any case law, precedence in the matter.
AEJAZ AHMED
(Expert) 15 November 2009
Dear Agarwal,
Kindly go through the attached document of Citation, You can't ask such question in view of humilating. the modesty and self respect:
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Mrs. Neera Mathur vs Life Insurance Corporation.....on 31 October, 1991
( http://www.indiankanoon.org/doc/832598/)
In the above case it is observed and instructed by the Hon'ble Suprem Court of India as:
" ....The real mischief though, unintended is about the nature of the declaration required from a lady candidate. The particulars to be furnished under columns (iii) to (viii) in the declaration are indeed embar− rassing if not humilating. The modesty and self respect may perhaps preclude the disclosure of such personal problems like whether her menstrual period is regular or painless, the number of conceptions taken place; how many have gone full term etc. The Corporation would do well to delete such columns in the declaration. "
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In decleraion of above case (iii) to (viii) columns are as follows:
iii) Have the menstrual periods always been regular and painless, and are they so now?
iv) How many conceptions have taken place? How many have gone full−term?
v) State the date of last menstruation:
vi) Are you pregnant now?
vii) State the date of last delivery:
viii) Have you had any abortion or miscarriage?
adv. rajeev ( rajoo )
(Expert) 15 November 2009
you cannot put such question in an application form, but u can ask the questions in an interview after verifying their matial status.
Raj Kumar Makkad
(Expert) 15 November 2009
Any question against the modesty of the ladies is against law as described by Hon'ble Apex Court in the judgment cited by Aejaz.
