The Supreme Court of India has requested the Union Government to examine the appropriateness of a model policy on menstrual leave for women employees. This order was issued by a coram consisting of the Chief Justice of the Supreme Court, Justice J.B. Pardiwala and Justice Manoj Misra on July 8, 2024.
It may be recalled that this is not the first time the petitioner, Shailendra Mani Tripathi, has knocked on the Court’s doors on the same issue. The petitioner had previously requested the court to direct the States to frame a policy for menstrual pain leave for female students and working women. This was sought to be included under the provisions of the Maternity Benefit Act, 1961.
On February 24, 2023, the Court issued an order asking the petitioner to make representation to the Union Ministry of Women and Child Development which may take an appropriate decision. It thus had disposed of the petition.
Subsequently and by the present petition, the petitioner has raised the grievance that though the petitioner submitted a representation on May 19, 2023 to the Union Ministry of Women and Child Development and other relevant authorities, no response has been received as yet.
The court, while acknowledging the importance of the issue, emphasized that it was a policy matter best addressed by the government and not the judiciary.
The Supreme Court has asked the Ministry of Women and Child Development to consult with states and other stakeholders before finalizing the policy. While the court has declined to mandate menstrual leave, it has paved the way for the government to take the lead on this crucial issue.
