The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking direction to all the states to frame rules for menstrual pain leave for female students and working women at their workplaces, reported Live Law.
A bench headed by Chief Justice of India DY Chandrachud observed that that issue falls under the policy domain of the government. The bench also comprising Justices PS Narasimha and JB Pardiwala opined that a representation can be made to the Union Ministry of Women and Child Development for taking a decision.
“Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Development Ministry to file a representation,” it said.
The petition was filed by Delhi-based Shailendra Mani Tripathi. He sought direction to the Centre and states for compliance of Section 14 of the of the Maternity Benefit Act, 1961.
During the hearing, an intervenor had submitted that allowing menstrual leave might discourage employers from hiring women professionals. The CJI remarked saying that if it was true that employers were compelled to grant menstrual leave, it may disincentivize them from hiring women at all.
The petition also highlighted that Congress MP Shashi Tharoor from Kerala’s Thiruvananthapuram had in 2018 introduced the Women’s Sexual, Reproductive and Menstrual Rights Bill which proposed that sanitary pads should be made free for women by public authorities in their premises.
The petition remarked, as quoted by Live Law, “The United Kingdom, Wales, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia are already providing with menstrual pain leave in one form or another…Delhi High Court directed Centre and Delhi Government to consider PIL seeking menstrual leave as representation. Union Minister Smt. Smriti Irani in a written reply in Lok Sabha said that the Central Civil Service (Leave) Rules 1972 o not have any provisions for menstrual leave and presently there.”
Recently, Spain became the first European country to entitle workers to paid menstrual leave. Other countries that have adopted a menstrual leave policy include Japan, Indonesia, South Korea (which provides “physiologic leave” under which women can avail a day’s leave), Taiwan, Zambia, Vietnam, among others.