Supreme Court refuses to entertain plea seeking menstrual leave; here's why
The petition, filed by Delhi resident Shailendra Mani Tripathi, has sought a direction to the Centre and all the states for compliance of section 14 of the Maternity Benefit Act, 1961.
FollowThe Supreme Court Friday (February 24) refused to entertain a PIL seeking a direction to all the states to frame rules for menstrual pain leave for female students and working women at their respective workplaces.
Observing that the issue falls under the policy domain of the government, a bench headed by Chief Justice DY Chandrachud said that a representation can be made to the Union Ministry of Women and Child Development for taking a decision.
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The petition, filed by Delhi resident Shailendra Mani Tripathi, has sought a direction to the Centre and all the states for compliance of section 14 of the Maternity Benefit Act, 1961.
Section 14 of the Act deals with appointment of inspectors and says appropriate government may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law.
Earlier this month, the plea, which was mentioned for urgent listing by petitioner's advocate Vishal Tiwari, said countries like the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia are already providing menstrual pain leave in one form or the other.
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It said only women are empowered to propagate the human race with their special ability of creation and during different stages of maternity, she undergoes a number of physical and mental hardships, be it menstruation, pregnancy, miscarriage or any other medical related complications.
The plea said the 1961 Act makes provisions for almost all the problems faced by women that can be understood by several of its provisions which have made it mandatory for employers to grant paid leave to women employees for certain number of days during pregnancy, in case of miscarriage, for tubectomy operation and also in cases of medical complications arising out of these stages of maternity.
(With inputs from PTI)
