Menstrual Leave For Women: Supreme Court Asks Centre To Formulate Model Policy (image: Designed by Meta AI)
The Supreme Court on Monday instructed the Centre and all State governments to formulate a model policy on menstrual leave for women employees. A bench comprising Chief Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra stated that issue was related to government policy and not for the courts to look into.
Adding further, the court claimed that such a decision from their part, i.e., granting leave to women, may prove to be counterproductive and “detrimental” to the cause as employers may avoid employing them.
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It was while looking into the PIL filed by Advocate Shailendra Mani Tripathi, the Court came up with the directive. Tripathi sought the court’s direction for enabling monthly leave to female students and working women at their respective workplaces during their menstrual period all over India.
The Bench pointed out that though a representation was submitted by the petitioner to the Centre in May 2023, since the matter raises “multifarious objectives of state policy,” considering the previous order, the Court has no reason to intervene in it.
However, the top court allowed lawyer Rakesh Khanna, appearing for complainant to move the secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati.
“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” the court said.
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The top court also observed that the if the state government is initiating any steps in this regard, the consultation process of the Centre would not create hindrance in their way.
Earlier, the Supreme Court has dismissed a petition urging menstrual pain leave for women students and working women, stating then that as the subject falls under the policy domain, a representation can be made to the Centre. The senior lawyer stated that the Centre has not taken any decision so far.
(With inputs from PTI)
