Menstrual Pain Leave: Supreme Court declines to entertain PIL, says issue within policy domain
The Supreme Court passed a judgement on 24th February, 2023. This was seen in the case of Shailendra Mani Tripathi v. Union of India and Ors. 2023/SC and the case was presided over by Hon’ble of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala
FACTS OF THE CASE:
A public interest litigation (PIL) petition was filed before the Supreme Court for the introduction of menstrual pain leave or period leave for female students and working women throughout India [Shailendra Mani Tripathi v. Union of India and Ors.]
The plea stated that menstrual periods have been largely disregarded by society, the government and other stakeholders, but some organizations and state governments have taken notice.It specifically mentioned companies such as Ivipanan, Zomato, Byju’s, Swiggy, Mathrubhumi, Magzter, Industry, ARC, FlyMyBiz, and Gozoop, which provide paid period leaves.
JUDGEMENT :
The Supreme Court on Friday disposed of a plea seeking menstrual pain leave for female students and working women across India while allowing petitioners to make a representation before the Central government
A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that since there was a policy dimension in the case, the petitioner could file a representation before the Union Ministry of Women & Child Development.
“Having regard to the policy dimension in the case, the petitioner may approach the Women and Child Ministry to file a representation,” the CJI said.
However, the Bench agreed with the submission of a caveator law student that if such leave is compelled, it would automatically operate as a disincentive to engage women as employees.
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Judgement reviewed by Drishti verma