The Supreme Court has dismissed petition filed by a law student seeking menstrual pain leave for female students and working women across the country suggesting that the issue is entirely a 'policy matter'.
A bench headed by CJI DY Chandrachud and comprising of Justice PS Narasimha and Justice JB Pardiwala however granted liberty to the petitioners to make a representation before the Central Government.
"Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation," the CJI said.
The Bench showed consonance with the caveator law student's submission that compelling paid menstrual leave in the labour market would automatically operate as a disincentive to engage women as employees.
The Lawyer, Advocate Shailendra Mani Tripathi had urged in the petition so filed that the issue has long been knowingly or unknowingly ignored by society, the legislature, and other stakeholders.
Only few Organizations and State Governments are paying heed to the issue which resides among the society for long, he had pointed out.
It was submitted that depriving women of 'Menstrual Pain Leave' is violative of Article 14 of the Constitution. He further submitted that two bills tabled in Parliament to this regard lapsed to much disappointment.
In the latest winter-session of 2022, the Menstrual Benefits Bill of 2017 was re-intrioduced on the very first day, however disregarded as an 'unclean topic'.
Stating that Union Minister Smriti Irani had, in a written reply, before the Lok Sabha disclosed that there is no proposal under examination to include Period Leave in Central Civil Service (Leave) Rules 1972, the petitioner has contended that there is lack of legislative will to move forward in dealing with the concept of menstrual pain leave.
The petition had sought directions to States to frame rules for menstrual pain leaves and effectively implement Section 14 of the Maternity Benefit Act, 1961, which deals with the appointment of inspectors to implement the provisions of the said Act.
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