PIL filed before Supreme Court for Menstrual Pain Leave

A public interest litigation (PIL) petition was filed before the Supreme Court on Tuesday calling for the introduction of menstrual pain leave or period leave for female students and working women throughout India [Shailendra Mani Tripathi v. Union of India and Ors]..Menstrual periods have been knowingly or unknowingly ignored by society, the legislature, and other stakeholders, except for a few organizations and State governments, the petition contended. .On this aspect, the petitioner said that some Indian companies such as Ivipanan, Zomato, Byju’s, Swiggy , Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz and Gozoop offer paid period leaves. .The petition filed by a lawyer, advocate Shailendra Mani Tripathi, urged the top Court to issue directions to State governments to frame rules for menstrual pain leaves. .The plea also sought directions to effectively implement Section 14 of the Maternity Benefit Act, 1961, which deals with the appointment of inspectors to implement the provisions of the said Act. .The petitioner argued, on the basis of online research, that Meghalaya is the only State that has provided for the appointment of such officers via a 2014 notification. .In so far as menstrual leave is concerned, it was submitted that Bihar is presently the only State in India that provides special menstrual pain leave as part of a 1992 policy. .In this backdrop, the petitioner also contended that the denial of menstrual pain leaves or period leaves to women in the remaining States amounts to a violation of their right to equality under Article 14 of the Constitution. .Further, it was pointed out that while there were two private member Bills introduced in the Lok Sabha on related matters, both Bills have lapsed..In this regard, the petition recounted that in 2018, Dr. Shashi Tharoor had introduced the Women's Sexual, Reproductive and Menstrual Rights Bill which proposed that sanitary pads should be made freely available for women by public authorities on their premises. .The other related Bill, Menstruation Benefits Bill, was introduced in 2017 by Member of Parliament, Ninong Ering. This Bill seeks to provide certain facilities to female employees during menstruation at the workplace..While the Menstrual Benefits Bill of 2017 was again presented in 2022 on the first day of the Budget Session, the Legislative Assembly disregarded the same, viewing it as an unclean topic, the petitioner pointed out..Further, it was highlighted that while the Delhi High Court had directed the Central government and the Delhi government to consider another PIL on menstrual leave as a representation, Union Minister Smriti Irani had subsequently disclosed in a written reply before the Lok Sabha that,"Central Civil Service (Leave) Rules 1972 do not have any provisions for menstrual leave and presently there is no proposal under examination to include such leave in these rules.".There is a lack of legislative will to move forward in dealing with the concept of menstrual pain leave, the petitioner has argued while calling for the Supreme Court's intervention in the matter. .It was also pointed out that other countries such as the United Kingdom, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia are already providing with menstrual pain leave in one form or another..The petition was drawn by advocate Shailendra Mani Tripathi and filed through advocate Abhigya Kushwaha.

PIL filed before Supreme Court for Menstrual Pain Leave

Bar & Bench

Related Stories