The Supreme Court dismissed a plea seeking menstrual leave for women in the workforce. Instead, on Monday the court asked the central government to hold consultations with all relevant stakeholders and states and frame a comprehensive model policy addressing the issue.
Why did the Supreme Court dismiss the plea?
The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, stated that since the matter pertains to policy and is not one for courts to look into, they further noted that a judicial mandate granting menstrual leave could backfire and be “detrimental” to the cause, as it might lead employers to hesitate in hiring women.
The plea was filed by advocate Shailendra Mani Tripathi, requesting the Centre and state governments to provide monthly menstrual leave for female students and working women nationwide. The petitioner informed the Supreme Court that despite submitting a representation to the Centre in May 2023, there’s been no response so far.
Chief Justice Chandrachud reiterated the court’s stance that issues involving state policy should be addressed through representation to the Centre, noting the lack of judicial intervention in such matters.
In its ruling, the Supreme Court directed the petitioner to approach the Secretary of the Ministry of Women and Child Development.
What is the government directed to do?
The Court requested the Secretary consider the issue at a policy level, consulting all stakeholders to explore the possibility of framing a model policy.
The Supreme Court directed the Centre to conduct consultations with the state governments as well and made it clear that its current directive will not hinder states from making independent decisions regarding menstrual leave.
Previously, the Court disposed of a similar plea that sought menstrual pain leave for female students and working women nationwide last year. A bench consisting of CJI Chandrachud, Justice PS Narasimha, and Justice Pardiwala had then stated that as the issue pertains to policy, it should be addressed through representation to the Centre.
Today, Tripathi’s counsel informed the court that there had been no response to his representation. Despite this, CJI Chandrachud reiterated that the court could not address the issue as it pertained to a policy matter and remarked that mandating menstrual leave could potentially deter employers from hiring women.
Taking this into account, the court instructed the petitioner to once again approach the government with their request.
Which states already provide menstrual leave?
The petitioner in the previous case had noted that only two states in India, Bihar and Kerala, currently offer menstrual leave for women. Bihar implemented two days of paid leave in 1992 during Chief Minister Lalu Prasad Yadav’s tenure, while Kerala recently announced a three-day leave for female students in January 2023 under Chief Minister Pinarayi Vijayan.
