Delhi High Court directs Centre, Delhi Govt to consider PIL seeking paid menstrual leave as representation

The Delhi High Court on Monday directed the Central and Delhi governments to consider as representation, a petition seeking paid leave for women employees under the government, including daily wage and contractual workers, during their menstruation period (Delhi Labour Union vs UOI & Anr)..The order was passed by a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan in a public interest litigation petition preferred by Delhi Labour Union (petitioner). .The petitioner also sought separate and clean toilet facilities, periodic rests and free sanitary napkins for women employees..While disposing of the plea, the court stated that a decision on the representation will be taken by the authorities in accordance with the relevant law, rules, regulations and policy, as soon as possible and practicable..The petitioner stated that while female employees form a significant part of the workforce in the offices and establishments of the Central and Delhi governments, very little recognition is given to the "emotional, physical, hormonal and physiological trauma" that these employees undergo during menstruation. ."..muscle layers contract, causing painful cramps. Some of the prostaglandins enter the bloodstream, causing headache, nausea, vomiting, and diarrhoea. The pain is so extreme in some cases that it causes fainting and dizziness spells. That their monthly menstrual cycle is additionally painful for women who suffer from reproductive ailments..", the petition explained..The ignorance and inaction in providing facilities to menstruating employees, the petitioner argued, is in violation of Article 14, 21 and 42 of the Constitution of India.."Menstruating employees form a separate class owing to their biological necessities and differences with other employees..Such practice of the Respondents is discriminatory and violative of Right to Equality and equal protection of laws guaranteed by the Constitution to these workers," it was submitted. .It was also stated that under Articles 15(3) and Article 42 of the Constitution, the authorities are empowered to make special provisions for women at the workspace..The petition also stated that several private employers have already introduced paid menstruation leave for their female employees.