India
Mandatory menstrual leave could be counterproductive: Supreme Court | India News – Times of India
NEW DELHI: The Supreme Court on Monday said it is mandatory to employers to provide menstrual leave could be counterproductive women’s participation on the work floor, but asked the Center to consider a model policy on the matter after consultation with States and stakeholders.
The bench, headed by CJI DY Chandrachud, refused to give a positive direction to governments to introduce menstrual leave for women and said, “Since the issue raised multifarious policy aspects, it may be examined by Center and States.SC cannot interfere with this.”
When senior advocate Rakesh Khanna said that the representation of petitioner Shailendra Mani Tripathi, on suggestions made by SC during the last hearing, had not evoked any response from governments, SC said, “If it is made mandatory, then it may discourage employers from hiring women workers. It may prejudice the cause.”
The court asked Additional Attorney General Aishwrya Bhati to direct the Secretary, Ministry of Women and Child Welfare, to look into the matter at the policy level after consulting stakeholders and state governments.
“The Union government may consider framing a model policy. After consultation with stakeholders, it will decide what policy decision needs to be taken on the issue,” SC said, quashing the PIL.
Tripathy’s petition stated, “Despite the provisions in the Maternity Benefit Act, 1961 to provide care to women during the difficult phase of their pregnancy, the very first stage of motherhood, namely the menstrual period, has been consciously or unconsciously ignored by the society, legislature and other stakeholders, except for a few organisations and state governments.”
In the past, Soviet Russia had made it a policy to pay women who were absent from work due to pain during menstruation. Japan had passed a law in this regard in 1947. South Korea followed suit in 1953. Few provinces in China have two days of paid leave for women. Indonesia offers women two days of leave per month, but they rarely take it because employers subject them to physical examinations before granting them leave. The United Kingdom, Wales, Taiwan and Zambia also offer menstrual leave, the petitioner said.
The bench, headed by CJI DY Chandrachud, refused to give a positive direction to governments to introduce menstrual leave for women and said, “Since the issue raised multifarious policy aspects, it may be examined by Center and States.SC cannot interfere with this.”
When senior advocate Rakesh Khanna said that the representation of petitioner Shailendra Mani Tripathi, on suggestions made by SC during the last hearing, had not evoked any response from governments, SC said, “If it is made mandatory, then it may discourage employers from hiring women workers. It may prejudice the cause.”
The court asked Additional Attorney General Aishwrya Bhati to direct the Secretary, Ministry of Women and Child Welfare, to look into the matter at the policy level after consulting stakeholders and state governments.
“The Union government may consider framing a model policy. After consultation with stakeholders, it will decide what policy decision needs to be taken on the issue,” SC said, quashing the PIL.
Tripathy’s petition stated, “Despite the provisions in the Maternity Benefit Act, 1961 to provide care to women during the difficult phase of their pregnancy, the very first stage of motherhood, namely the menstrual period, has been consciously or unconsciously ignored by the society, legislature and other stakeholders, except for a few organisations and state governments.”
In the past, Soviet Russia had made it a policy to pay women who were absent from work due to pain during menstruation. Japan had passed a law in this regard in 1947. South Korea followed suit in 1953. Few provinces in China have two days of paid leave for women. Indonesia offers women two days of leave per month, but they rarely take it because employers subject them to physical examinations before granting them leave. The United Kingdom, Wales, Taiwan and Zambia also offer menstrual leave, the petitioner said.
