Are There Rules in India Against Asking Unethical Interview Questions About Marital Status?

I would like to know whether in India we have any list of unethical questions that should not be asked during an interview. I am an HR professional with experience in MNCs and software companies. During HR interviews, my seniors used to ask questions regarding female candidates' marital status. For unmarried candidates, they would inquire about when they plan to marry or why they are not married yet. For married candidates, they would ask if they are planning to have children. I was uncomfortable with these questions. Sometimes, talented female candidates were rejected based on reasons like being of marriageable age, just getting married, or having small children. As a woman, I am against this kind of disparity. Kindly let me know if there are any rules regarding this issue. I am aware that an employee in a registered company cannot be terminated if she is pregnant, but are there any rules to prevent inequality in recruitment?

You have raised a very pertinent question. To my knowledge, there are no such guidelines or instructions regarding do's and don'ts. The main reason one asks these questions is to be assured of long-term continuity and commitment to work. Employers are normally apprehensive about regularity in attendance, timekeeping, separation from family if the husband is employed elsewhere, etc. In our Indian setting, it is known that, besides her professional work, a lady is supposed to be a homemaker with multiple responsibilities. However, these should not be the reasons to reject a competent candidate.

Regards,
Cyril

You have raised a very pertinent question. To my knowledge, there are no such guidelines or instructions regarding DO's and Don'ts. The main reason one asks these questions is to be assured of long-term continuity and commitment to work. Employers are normally apprehensive about regularity in attendance, timekeeping, separation from family if the husband is employed elsewhere, etc. In our Indian setting, it is known that besides her professional work, a lady is supposed to be a homemaker with multiple responsibilities.

However, these should not be the reasons to reject a competent candidate.

Thank you, Cyril, for the response. If there are no guidelines or instructions, then it is really hard to control this kind of inequality. I understand that the HR representative asks these questions to assure stability, but the prejudiced attitude may hinder genuine candidates' careers.

Regards,
Ramya

Dear RamyaRN, this is an issue like a pest in all organizations. Not only do sometimes worthy employees fail to be selected, but female employees also suddenly find themselves demotivated by the nature of recruitment.

Main Reasons Cited by Authorities

The main reasons cited by authorities every time are:

1. Continuity of service will get disturbed.
2. A woman employee at marriageable age cannot be trusted as she may leave at any time after marriage.
3. A woman employee cannot be given hard work because of child-rearing issues that have to be managed at home and in the workplace.
4. Some woman employees may not receive proper support from their husbands, which is a peril in their life and work management.
5. Even though maternity leave is admissible, in reality, how many Indian companies/organizations properly implement the rules and regulations? There are always loopholes and burdens on the female employees.
6. The cultural bias exists, and it is an undeniable fact.

The rest becomes history. Best of luck...

The fact that a female candidate has been called for an interview shows that the employer is interested in having a fair selection process and is keen on selecting a competent person. However, in some cases, I agree that a female candidate may face the handicap of not being considered due to gender bias.

Regards,
Cyril