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.
