Neera Mathur v. Life Insurance Corporation of India
In Neera Mathur v. Life Insurance Corporation of India, a woman applied for employment with the Life Insurance Corporation of India (LIC). After passing the written test and interview, she was required to complete a declaration form disclosing whether she was pregnant and details of her menstrual cycle, and to undergo a medical examination. She submitted the declaration, passed the examination, and was certified fit for the job. Following her training, she received an appointment letter placing her on six months’ probation, subject to satisfactory performance. During probation, she applied for and was granted maternity leave. Upon returning to work, she was discharged on the grounds that her performance was unsatisfactory and that she had failed to disclose personal information regarding her pregnancy and menstruation in the declaration form.
The woman appealed to the Supreme Court, arguing that her termination violated the right to equality under Article 14 of the Indian Constitution. The Court found no evidence of unsatisfactory performance and held that the termination was based solely on her failure to disclose personal facts that an employer is not entitled to require. It set aside the discharge order, directed her reinstatement, and recommended that LIC remove such requirements from its declaration forms. The Court further observed that denying employment to a woman because she is pregnant at the time of appointment, thereby avoiding the obligation to provide maternity benefits, may be subject to constitutional challenge.
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Year
- 1991
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Type
Jurisdiction