Lagatar24 Desk
New Delhi, Feb 24: The Supreme Court on Friday rejected a request for menstrual pain leave for female students and workers across India, enabling the petitioners to bring their case to the Central government.
A bench consisting of Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, and JB Pardiwala ruled that the petitioner could make a representation to the Union Ministry of Women & Child Development because the case involved a policy issue.
“Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation,” the CJI said.
The Bench, however, agreed with a caveator law student’s argument that requiring such leave would automatically make hiring women as employees more difficult.
A public interest litigation (PIL) case asking for menstrual pain leave for female students and working women across India was being heard by the Supreme Court.
Menstrual periods, according to the argument, have generally been ignored by society, the government, and other stakeholders, but some groups and state governments have started to pay attention.
It specifically identified businesses that offer paid time leaves, including Ivipanan, Zomato, Byju’s, Swiggy, Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz, and Gozoop.
Thus, the petitioner sought the Supreme Court to order state governments to create menstrual pain leave legislation. The petition also demanded that Section 14 of the Maternity Benefit Act, which calls for the employment of inspectors to carry out the Act’s requirements, be put into effect.
The petition further claimed that, according to online research, only Meghalaya had announced the recruitment of such officers in 2014 and that, as per a 1992 regulation, Bihar was the only Indian state to offer special leave for the menstruation pain.
It was argued that denying women in the remaining states menstrual pain leave or period leave violated their right to equality under Article 14 of the Constitution.
