To Tell or Not to Tell? Navigating Pregnancy Disclosure in Indian Job Interviews

Searching for a new job is a high-stakes journey. You’ve polished your resume, researched the company, and aced the technical rounds. But for many women, there is an unspoken elephant in the room: "Do I have to tell them I’m pregnant?"

It is a question rooted in a mix of professional integrity and the very real fear of being "filtered out" of the candidate pool. In India, where corporate competition is fierce and the cost of maternity benefits is often viewed through a lens of "productivity loss," this dilemma is particularly sharp.

So, does the law require you to be transparent about your pregnancy during the hiring process? Let’s break down the legal landscape of 2026.

The Legal Verdict: Silence is Your Right

The short answer is No. Under the Maternity Benefit Act, 1961, and the upcoming Code on Social Security, 2020, there is no legal "liability" or obligation for a female candidate to declare her pregnancy during a job application or interview.

In fact, the legal system in India has gone a step further to protect your privacy.

1. The Landmark Precedent: Neera Mathur v. LIC

Decades ago, the Supreme Court of India set the gold standard in the case of Neera Mathur v. Life Insurance Corporation of India (1991). LIC had terminated a woman’s employment on the grounds that she "concealed" her pregnancy and menstrual details during the medical examination for recruitment.

The Supreme Court didn't just reinstate her; it condemned the practice. The Court held that such questions were an invasion of privacy and that an employer is not entitled to require such personal information. If you are fit to perform the job duties at the time of hiring, your pregnancy is your private business.

2. The Right to Privacy

Following the landmark Puttaswamy judgment (2017), the Right to Privacy is now a Fundamental Right under Article 21 of the Constitution. Your reproductive choices and the status of your health are core to your personal dignity. Choosing not to disclose a pregnancy is not "fraud" or "misrepresentation" in a legal sense, because the information is not a prerequisite for the ability to work.

 

Understanding Your Eligibility for Benefits

While you aren't required to disclose during the interview, you might wonder: "Will I still get my maternity leave if I join while pregnant?"

Under the Code on Social Security, 2020 (which consolidates the 1961 Act), the eligibility criteria remain clear. To claim the mandatory 26 weeks of paid maternity leave, a woman must have actually worked in the establishment for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.

Example: If Sunita joins a firm on January 1st and her due date is June 1st, she will have completed over 150 days of service. She is legally entitled to full maternity benefits, regardless of whether she "revealed" her pregnancy during her interview in December.

Why Do Interviews Feel Like "Interrogations"?

Have you ever been asked, "Are you planning to start a family soon?" or "How old are your children?" While India does not yet have a specific "Equal Opportunity Act" that explicitly lists "prohibited questions" like the Western world, these questions are widely considered discriminatory and professionally unethical.

Think about it: If a male candidate is never asked about his plans for fatherhood, why should a female candidate be screened for motherhood? This disparity is exactly what modern Indian labour reforms aim to bridge by promoting gender neutrality in the workplace.

Professional Ethics vs. Legal Duty

As a candidate, you may feel an "ethical" urge to be transparent. While transparency can build early trust, it is a personal choice, not a legal requirement. You are within your rights to:

• Focus purely on your skills and the value you bring to the role.
• Wait until you have received an offer letter or joined the firm before sharing the news.
• Protect your career from unconscious bias during the selection phase.

A Message for Employers

For organizations, the "risk" of hiring a pregnant candidate is far outweighed by the legal and reputational risk of discrimination. Maligning a candidate or rescinding an offer upon discovery of pregnancy can lead to:

• Hefty penalties under the Maternity Benefit Act.
• Wrongful termination suits.
• A "toxic" brand image that drives away top talent.

The evolution of Indian Labour Law is clear: Motherhood and Career are not mutually exclusive.

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Disclaimer

This blog post is intended for educational and informational purposes only and does not constitute formal legal advice. While every effort has been made to ensure the accuracy of the information provided under the Indian Labour Laws as of 2026, laws are subject to amendment and judicial interpretation. The publisher of this blog is not liable for any actions taken based on the content of this article. For specific legal issues or compliance queries, please consult with a qualified legal professional or a Labour Law consultant.