New Delhi: Supreme Court Rejects PIL Seeking menstruation Leave for Female Students and Working Women
On Friday, the Supreme Court ruled that it would not hear a public interest litigation (PIL) asking the court to order all states to establish policies for menstrual pain leave for women in school and the workforce.
The plea was dismissed by a court headed by Chief Justice D. Y. Chandrachud, and the PIL petitioner was given permission to submit a representation to the Union Ministry of Women and Child Development, asking for a policy decision on the matter.
"This is a policy matter so we are not dealing with this...Having regard to the policy views, it would be appropriate if the petitioner approaches the Union Ministry of Women and Child Development. The petition is accordingly disposed of," remarked the three-justice panel including Justices P. S. Narasimha and J. B. Pardiwala.
During the brief hearing, the bench noted the arguments of a law student who was opposed to the PIL and argued that mandating that businesses provide menstrual pain leaves to female employees every month could discourage them from recruiting women.
The court acknowledged that the appeal had made some valid points, but stated it could not hear the case because the underlying dispute involved policy decisions.
Shailendra Mani Tripathi of Delhi filed the suit through his attorney, Vishal Tiwari, requesting that the Central Government and the states be ordered to comply with Section 14 of the Maternity Benefit Act of 1961.
Appropriate governments may designate such officers and may specify the local limits within which they shall conduct their functions under this law, according to Section 14 of the Act.
On Thursday, February 16, Spain became the first European country to entitle workers to paid menstrual leave as it passed numerous sexual and reproductive rights laws, including ones expanding abortion and transgender rights.
In Spain, women who suffer from painful periods now have the right to take three paid days off per cycle, with the option of extending their leave to five days if they experience painful periods.