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RThis situation is deeply troubling, and unfortunately not uncommon in India, where pregnant employees or women asserting their workplace rights sometimes face retaliation. Here’s a breakdown from an Indian legal and practical perspective:
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1. Your Friend’s Rights Were Violated
Based on what you’ve shared, the employer appears to have violated multiple Indian laws:
Maternity Benefit Act, 1961
Denial of maternity leave or salary is a clear violation.
Retaliation after announcing pregnancy is a serious red flag.
Terminating an employee during or shortly after maternity leave can be considered illegal unless for gross misconduct (which has to be proven).
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Workplace harassment or pressuring to resign during pregnancy can be challenged under this act if the harassment had a gendered component.
Indian Labour Laws (Shops & Establishments Act, ID Act etc.)
Unlawful termination and coercive tactics to force resignation can be challenged before Labour Commissioner or Industrial Tribunal, especially if she wasn’t in a managerial position.
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2. Regarding the False Defamation Case – BNS Section 356
Under BNS 356 (Defamation):
It’s a non-cognizable offence – meaning police can’t arrest without a magistrate’s order.
If police called her, they might have been asked to do a preliminary investigation.
If she hasn’t received summons, she is not yet formally accused, but must prepare legal defense.
The company’s attempt to use fabricated witnesses (their own employees) is common in such cases, but testimonies alone without corroboration are weak in court – especially if malice or motive to frame is proven.
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3. Recommended Actions for Her
a. Hire a Good Lawyer Immediately
Preferably someone with labour + criminal defense experience.
She should file a counter affidavit denying the defamation charges and highlighting her complaints pending before labour/women/human rights commissions.
b. Collect and Preserve Evidence
Keep emails, chats, performance appraisals, maternity leave applications, any salary slips showing deductions, and any earlier legal notices filed.
Record all instances of communication with the employer, even if verbal (write dated notes).
c. File for Quashing of FIR (if FIR is filed)
Under Section 482 of CrPC, High Court can quash false criminal cases, especially if it’s clearly retaliation.
d. Approach NCW (National Commission for Women) or SCW (State Commission)
They can intervene, call hearings, and even write to police or courts to protect her rights.
Mention retaliation for pregnancy and labour complaints in the petition.
e. Media / NGO Involvement – Carefully Consider
If she fears career backlash, use anonymous or legal aid NGOs (e.g. Majlis, Saheli, HRLN).
Some NGOs provide free or subsidized legal help.
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4. Mental Health & Financial Strain
The stress and financial toll are real. Encourage her to:
Lean on family/friends for support.
Consider legal crowdfunding platforms like Ketto or Milaap if financial help is needed.
Document everything for potential damages claim later.
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5. Hope in Precedents
There are court judgments in India where women won compensation, reinstatement, or damages for:
Unlawful termination due to pregnancy.
Retaliation for raising workplace complaints.
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Summary
She’s not alone. This is workplace retaliation, and her legal position is stronger if documented well. The defamation case can be fought, and quashed or dismissed if she plays it smart and with proper legal help.
