SC Refuses PIL For Menstrual Leave For Working Women And Female Students

SC Refuses PIL for Menstrual Leave on 24th February, a date that was given for entertaining the PIL. The PIL that banked on the 1961 Maternity Benefit Act looked forward to witnessing working women and girl students enjoying provisions made for monthly period leaves. 

The PIL sought directives from Supreme Court to the state governments for the provision of the same to be made. 

The PIL was filed by Advocate Shailendra Mani Tripathi dwelling on the 1961 Maternity Benefit Act. Tripathi in her statement asserted that the act was well-rounded and catered to nearly all issues related to maternity. Tripathi further pointed out that the state governments have been lacking in facilitating the true spirit of the 1961 Maternity Benefit Act.

She urged the Supreme Court to issue directives to the state governments to formulate period leave rules for working women and girl students at workplaces and educational institutions.

“The provisions of the Act have made it mandatory for employers to grant paid leave to its women employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation, and also in case of illness as well as medical complications arising out of these stages of maternity." 

SC Refuses PIL For Menstrual Leave 

The SC bench refrained from hearing a PIL on the issue of menstrual leaves. The CJI made two observations. The first is that a decision on menstrual leaves is within the policy realm and therefore not suitable for SC to intervene. The second is that a directive for menstrual leaves compelling employers to grant leaves to women might dissuade them from hiring women. 

The bench led by the CJI included justices JB Pardiwala and PS Narasimha. 

“Having regard to the policy views, it would be appropriate if the petitioner approaches women and child development ministry. The petition is accordingly disposed of," the court held.

Agreeing with the views of an intervening lawyer on such a prospective directive proving counterproductive to women, the court stated: 

"We did not entertain this but he has a point. If you compel employers to grant menstrual leave, it may disincentivise them from hiring women. Also, this is clearly a policy matter...So, we are not dealing with this."

Also Read: Menstrual Leave Policy: Where Do Other Countries Stand?