Supreme Court has refused to hear a petition for menstruation leave for women in schools and workplaces.

On Friday, the Supreme Court declined to hear a public interest litigation (PIL) seeking an order to all state governments to develop guidelines for menstrual pain leaves for female students and working-class women at their respective professions.

A court led by Chief Justice of India Dhananjaya Y Chandrachud stated that not only is the issue one of policy, but an order of this nature may discourage prospective employers from hiring women.

“With respect to the policy ideas, it would be desirable if the petitioner addresses women and child development ministry. “As a result, the petition is dismissed,” stated the bench, which also included justices PS Narasimha and JB Pardiwala.

During the brief hearing, the bench agreed with the views of a lawyer intervening in the case that any court requirement could be harmful to women.

“We didn’t consider it, but he has a point. Employers may be discouraged from recruiting women if they are forced to provide menstrual leave. Furthermore, this is certainly a policy issue… As a result, we are not dealing with this,” the court added.

The PIL, filed by counsel Shailendra Mani Tripathi, relied on the 1961 Maternity Benefit Act to grant monthly leave to female students and working women during their menstrual cycle.

Tripathi stated that the Act, in its true essence, addresses practically all of the maternity-related issues that women experience.

“The provisions of the Act have made it mandatory for employers to grant paid leave to its female employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation, and also in case of illness and medical complications arising out of these stages of maternity,” said the petition, claiming that state governments had failed to comply with the law in both letter and spirit.

Tripathi sought the court to provide directive to the state governments for establishing acceptable leave guidelines for menstrual pain leaves for female students and working-class women at their respective employment.

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Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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