Menstrual Leave: Supreme Court Refuses To Entertain PIL; Know What CJI Said

New Delhi: The Supreme Court refused to entertain a PIL seeking directive to all state governments to frame rules for menstrual pain leave to female students and women at their respective workplaces.

A three-member bench, headed by Chief Justice of India (CJI) DY Chandrachud, disposed of the petition because of two reasons.

Firstly, the Chief Justice observed that the matter is within the realm of a policy decision. Also, a directive of this sort could dissuade prospective employers from hiring women for jobs.

“The plea has been filed under Article 32, and seeks leave for menstrual pain for students and women employees. Having regard to the policy dimension in the case, it would be appropriate if the petitioner approaches the Women and Child Ministry to file a representation. The petition is accordingly disposed of,” said the bench, which also included justices PS Narasimha and JB Pardiwala.

During the hearing, a caveator appearing for law students told the bench that any judicial mandate on the matter may actually prove counter-productive for women.

“There is a PIL, but who are you? Yes, employers may not want to hire. You have a point,: responded the Chief Justice.

“This is a policy matter. We did not like the law student to jump into this, but she has a valid point that if such leaves are compelled, then it would de facto operate as a disincentive to engage women as employees,” the CJI said.

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Advocate Shailendra Mani Tripathi, wo had filed the PIL, referred to the 1961 Maternity Benefit Act for allowing monthly leave for girl students and working women at their workplaces during their menstrual cycle.

He contended that the Act has provisions for almost all problems faced by women related to maternity in their true spirit.