New Delhi: The Supreme Court Friday disposed of a plea seeking menstrual leave for girl students and working women, asking petitioners to appeal to the central government instead.
A bench of chief Justice of India (CJI) D.Y. Chandrachud and Justices P. S. Narasimha and J.B. Pardiwala said there was a “policy dimension” to the case, and that the petitioner should approach the Union Ministry of Women and Child Development.
The CJI said: “Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation.”
The bench, however, agreed with the submission of a caveator law student that “if such leaves are compelled, then it would de facto operate as a disincentive to engage women as employees”.
The public interest litigation stated that menstrual periods had largely been disregarded by the “society, governments and other stakeholders”. It urged the top court to direct state governments to establish rules for menstrual pain leave. The plea also noted that Bihar was the only state in India that provided special menstrual pain leave as part of a 1992 policy.
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