In a significant development, the Supreme Court of India has directed the Union Government to frame a model policy on menstrual leave for women employees.
The court emphasized the need for consultations with states and other stakeholders to address this crucial issue.
Why Menstrual Leave?
The Supreme Court recently heard a plea filed by advocate Shailendra Mani Tripathi. The petitioner sought mandatory menstrual leaves for female students and working women across India during their menstrual periods.
Chief Justice of India, DY Chandrachud, observed that while mandating menstrual leaves could encourage increased participation of women in the workforce, it might also have unintended consequences. He stated that such matters fall within the government policy domain and are not for the courts to directly address.
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Supreme Court’s Stand on Menstrual Leave
Chief Justice Chandrachud acknowledged that measures intended to protect women can sometimes act to their disadvantage. While granting menstrual leave might empower women, it could also dissuade employers from recruiting them.
In December 2021, S. Jothimani, Congress Member of Parliament (MP) from Tamil Nadu, introduced a Private Member Bill named, ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’.
This bill sought to bring menstrual leave into the ambit of the rights of a woman, and a refusal of such leave into the domain of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It also sought to impose a penalty for refusal.
The Supreme Court rejected the petitioner’s plea for mandatory menstrual leave. The court emphasized that this issue is not within its purview and should be handled by the government.
Supreme Court directed the Centre and the states to engage in discussions with relevant stakeholders. Their goal is to formulate a model policy that addresses menstrual leave for female students and professionals.
What Next?
The Supreme Court allowed the petitioner to approach the Ministry of Women and Child Development and the Additional Solicitor General (ASG) Aishwarya Bhati. Chief Justice Chandrachud requested the secretary to examine the matter at the policy level.
Conclusion
The Supreme Court’s directive highlights the importance of addressing women’s health needs while considering workforce dynamics. As consultations begin, stakeholders must collaborate to create a model policy that balances compassion with practicality.
It is important to note that In December 2021, S. Jothimani, a Congress MP from Tamil Nadu, introduced the ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019.’ The bill aimed to make menstrual leave a woman’s right and categorize refusal as sexual harassment under the 2013 Act, with penalties for non-compliance.
India’s journey toward gender equality takes another step forward, recognizing that women’s well-being contributes to a stronger and more inclusive society.
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