Menstrual Leave| SC To Consider Plea In Dismissed PIL Seeking Permission To Make Representation To State Governments

The Supreme Court today agreed to consider an application which has sought permission to make representation to various state governments for granting menstrual leave. The interlocutory application was filed seeking modification of the order of the Court dismissing a PIL on the subject.

A Bench led by CJI DY Chandrachud and comprising Justice PS Narasimha agreed to list on March 24, the IA filed by Advocate Vishal Tiwari seeking liberty to send representations to state governments for providing menstrual leave.

“Representation may be allowed to send to all state governments. States have their own policies,” said Advocate Tiwari, who represented the applicant, whose PIL on the issue was dismissed by the Court earlier.

On February 24, the Supreme Court dismissed the Public Interest Litigation (PIL) seeking direction to all the states to frame rules for menstrual pain leaves for female students and working-class women at their workplaces and observed that menstrual leaves will de facto operate as a disincentive to engage women as employees.

“Let them (Government) frame the policy”, said the Court to Advocate Vishal Tiwari, who appeared for the original petitioner in the case.

The plea under Article 32 seeks policy on menstrual pain leave for students and working-class women at their workplaces and implementation of Section 14 of the Maternity Benefit Act, 1961. Having regard to the policy dimension in case, the petitioner may make representation to the Ministry of Women and Child Development on grievance raised in the petition. Dismissed, ordered the Court.

Cause Title- Shailendra Mani Tripathi vs. Union of India & Ors.