‘Issue falls under policy…’: SC refuses to entertain PIL for menstrual leaves
2 min read . Updated: 24 Feb 2023, 01:11 PM IST
PremiumThe petition was filed by Delhi resident Shailendra Mani Tripathi, who sought direction from the Centre and all the states for compliance with section 14 of the Maternity Benefit Act, 1961.
The Supreme Court of India on Friday refrained from entertaining a PIL seeking direction to all the state governments to frame rules for menstrual pain leaves for female students and working-class women at their respective workplaces and compliance with section 14 of the Maternity Benefit Act 1961.
A bench headed by Chief Justice DY Chandrachud observed that the issue falls under the policy domain of the government and a representation can be made to the Union Ministry of Women and Child Development for taking a decision.
The petition was filed by Delhi resident Shailendra Mani Tripathi, who sought direction from the Centre and all the states for compliance with section 14 of the Maternity Benefit Act, 1961.
According to the petition, the Maternity Benefit Act, 1961, makes provisions for almost all the problems faced by women related to maternity in their true spirit.
The provisions of the Act have made it mandatory for employers to grant paid leave to its women employees for a certain number of days during her pregnancy, in case of miscarriage, for tubectomy operation, and also in case of illness as well as medical complications arising out of these stages of maternity.
However, the plea said the most disappointing aspect in the direction of respecting the rights of working women, is that in spite of a provision under section 14 of the Maternity Benefit Act that there will be an inspector for a particular area to monitor the implementation of such great provisions, no government in India has created the post of inspectors, forget about the appointment of such inspectors.
These provisions of law under the Maternity Benefit Act are one of the greatest steps taken by Parliament or by the people of the country to recognize and respect the motherhood and maternity of working women, the petition pointed out.
The petition also cited an example of Bihar which is the only Indian state that has been providing two days of special menstrual pain leave to women since 1992 through its Human Resources.
In 1912, the Government Girls School in Tripunithura, located in the erstwhile princely state of Cochin (present Ernakulam district), had allowed students to take 'period leave' during the time of their annual examination and permitted them to write it later, the petition highlighted.
(With inputs from agencies)