One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X worked as a Senior Sales Manager at XYZ Company in City A. In Month X, she verbally informed her manager Mr.Y about her pregnancy. She maintained chat records with her spouse Mr.Z confirming the disclosure date. Prior to revealing her pregnancy, her performance reviews were satisfactory without strict monthly revenue targets. However, immediately after disclosing her pregnancy, the company placed her on a Performance Improvement Plan (PIP) with unrealistic targets. The sudden change in performance evaluation criteria and timing raised clear suspicions of pregnancy discrimination. Mr.X felt targeted and believed the company was creating grounds for termination due to her pregnancy status, which violated her fundamental rights under Indian employment laws.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document everything immediately – save all emails, chat records, performance reviews, and PIP documentation
• Gather witness statements from colleagues who can testify about the timeline and sudden change in treatment
• File a complaint with the Internal Committee under POSH Act if your company has one
• Approach the Labour Commissioner with a formal complaint about pregnancy discrimination

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 deals with criminal intimidation which may apply if threats were made. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedures for filing complaints. Additionally, the Maternity Benefit Act, 1961 protects pregnant employees from termination and discrimination. The Sexual Harassment of Women at Workplace Act, 2013 also covers pregnancy-related harassment. Article 15 and 16 of the Constitution guarantee equality and non-discrimination in employment. The Industrial Disputes Act provides remedies for unfair treatment and wrongful termination of pregnant employees.

If You Are the Complainant

• File a written complaint with HR department citing pregnancy discrimination under Maternity Benefit Act
• Submit complaint to Labour Commissioner within prescribed time limits with supporting evidence
• Approach the Internal Committee or Local Committee under POSH Act for workplace harassment
• Consider filing a writ petition in High Court for violation of fundamental rights under Articles 14, 15, and 21
• Gather medical certificates and pregnancy confirmation documents as supporting evidence

If You Are the Victim

• Immediately document the discriminatory behavior with dates, witnesses, and supporting evidence
• Request written confirmation of all verbal communications from your manager regarding performance
• Continue performing your duties diligently while maintaining detailed work records
• Seek counseling support as pregnancy discrimination can cause significant emotional stress
• Join support groups or networks for working mothers facing similar discrimination

How the Police Behave in Such Cases

Police typically treat pregnancy discrimination cases as civil matters rather than criminal ones unless specific threats or intimidation occur. They may redirect you to Labour Department or suggest approaching civil courts. However, if criminal intimidation or harassment elements exist under BNS, they must register an FIR. Police cooperation improves when complaints include specific criminal law violations rather than just employment disputes. Documentation and legal representation significantly influence police responsiveness in such matters.

FAQs People Normally Have

Can I be terminated for being pregnant? No, termination due to pregnancy is illegal under Maternity Benefit Act and constitutes discrimination.

What compensation can I claim? You can claim salary for notice period, maternity benefits, compensation for harassment, and reinstatement.

How long do I have to file a complaint? Labour complaints should be filed within one year, while civil suits have longer limitation periods.

Can the company reduce my salary during pregnancy? No, salary reduction due to pregnancy is discriminatory and legally prohibited under employment laws.

What Evidence Is Required?

• Email communications and chat records showing timeline of pregnancy disclosure
• Performance appraisals before and after pregnancy announcement
• PIP documents and unrealistic target assignments
• Witness statements from colleagues about changed treatment
• Medical certificates confirming pregnancy
• Salary slips and employment contract terms
• Company policies on maternity benefits and non-discrimination

How Long Will the Investigation Take?

Internal Committee investigations under POSH Act typically conclude within 90 days. Labour Department inquiries may take 3-6 months depending on complexity. Civil court proceedings can extend 1-3 years. Criminal cases, if applicable, may take 6 months to 2 years. Timeline depends on evidence quality, legal representation, and case complexity. Proper documentation and legal assistance expedite resolution significantly.

Advocate Sudhir Rao, Supreme Court of India