News By/Courtesy: Priyanka Patnaik | 21 May 2020 8:00am IST

HIGHLIGHTS

  • No pregnancy clause
  • NPC in film Contracts
  • Is NPC clause valid in Indian laws?

No pregnancy clause 
The prohibition of pregnancy during the service and in case of breach of the clause it leads to women being dismissed or a case can be filed to seek damages. It is mostly in the entertainment industry where such a clause has been used and not a single case has come up till today. 
NPC in film Contracts 
NPC in film contract is to prohibit the actress from getting pregnant during the shooting of the film In case the clause is violated, she is removed from the movie and has to pay compensation in the form of damages. The reason to have such a clause is that it will become difficult for the actress to do such complicated scenes and she wnt be able to do for log shits. The baby bump will be problematic because it is not according to the film script and the portrayal of the character in the movie. If the actress is absent during the dates of acting t will lead to losses for the production house.
Madhuri Dixit was the first actress who was asked to sign this contract for the movie Khalnayak. Even Kareena Kapoor was not signed into the movie Ramleela because she refused to sign the NPC contract.
Previously it was never used in Indian films but since a lot of foreign studios produce Indian movies the NPC clause has paved its way into Indian cinema. Also, it is used in the advertising industry as actress and models who endorse their product cannot get pregnant during the contract period.
Is the NPC clause valid in Indian laws?
According to Indian Contract law 1872, section 23  states that an agreement of which the object or consideration is unlawful is void’ and also NPC is also against the public policy as a clause cant forbid a woman to get pregnant. As all contracts which are opposed to public policy are void.
According to labor law, section 27 provides that any agreement of service inconsistent with the Maternity Act including an agreement that provides for the termination of the woman on her becoming pregnant, which is the NPC clause. This act will overpower the NPC clause.
According to article 14  Right to equality, Article 15 prohibition of discrimination on grounds of sex and article 21, ie right to life and personal liberty makes the NPC clause illegal and void.SC has stated that a woman being terminated from a job based on pregnancy leads to arbitrariness and its illegal.

Section Editor: Pushpit Singh | 21 May 2020 18:36pm IST


Tags : #NPCcontracts

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