The Supreme Court in the case Shailendra Mani Tripathi v. Union Of India And Ors observed and has refused for entertaining a PIL wherein seeking menstrual leave for female students and working women across India wherein stating that the matter fell within the domain of policy. In the case, the plea was filed by Advocate Shailendra Mani Tripathi.
The bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the present matter.
It has been submitted by the intervenor while allowing the menstrual leave might discourage employers from employing women. On the absence of this, it has been remarked by the bench of CJI DY Chandrachud that it being true that if employers were compelled to grant menstrual leave, the same may be disincentivize them from hiring of the women at all.
It has also been opined by the bench that the petitioner could file a representation before the Union Ministry of Women And Child Development.
The petitioner in the plea also argued that the same being violation of Article 14 inasmuch as this Act differentiates women in the name of federalism and state policies. Despite that women suffering from similar physiological and health issues during their menstrual cycles, the same is being treated differently in different states of India. However, women, having one citizenship, i.e., of India must treated equally and same shall be conferred with equal right.
It ahs also been highlighted in the plea that in 2018, it has been introduced by Dr. Shashi Tharoor that the Women’s Sexual, Reproductive and the Menstrual Rights Bill which are to be proposed that sanitary pads should be made freely available for women by the public authorities on the premises of women. Further, the other which is being related to Bill, the Menstruation Benefits Bill, 2017 was also being represented in 2022 on the day first of the Budget Session, but the Legislative Assembly which was being disregarded it as it was an ‘unclean’ topic. Therefore, the petition in the plea states that a lack of legislative will to move forward with the concept of menstrual pain leave.
However, the Walves, United Kingdom, Indonesia, Japan, China, Taiwan, South Korea, Spain, and Zambia are already providing with menstrual pain leave in one form or another. It has been directed by the Delhi High Court to the centre and Delhi Government for considering a PIL seeking menstrual leave as representation. Union Minister Smt. Smriti Irani in a written reply in Lok Sabha stated that the Central Civil Service (Leave) Rules 1972 which do
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