Supreme Court directs Centre to frame policy on menstrual leave for women Employees

Supreme Court directs Centre to frame policy on menstrual leave for women Employees (Image : KL)

Ashiq Butt | July 8, 2024 | 02:47 PM IST | Courts & Law, Delhi, India | Follow on Google News

Supreme Court directs Centre to frame policy on menstrual leave for women Employees

Supreme Court directs Centre to frame policy on menstrual leave for women Employees

NEW DELHI: The Supreme Court on Monday directed the Centre to develop a model policy on menstrual leave for women employees, emphasizing the need for consultations with states and other stakeholders.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra declared that the issue pertains to policy-making rather than judicial intervention.The court expressed concerns that mandating such leave might inadvertently deter employers from hiring women, thereby proving counterproductive and “detrimental” to the cause.

Court Highlights Potential Drawbacks

The bench highlighted the potential negative impact of judicially mandated menstrual leave on women’s employment prospects. They pointed out that compulsory menstrual leave could result in women “being shunned from the workforce,” undermining efforts to increase female participation in the job market.

The Chief Justice emphasized, “We do not want that,” stressing the importance of a balanced approach that promotes inclusivity without unintended consequences.

Government’s Role in Policy Formation

The court reiterated that the formulation of such policies falls within the purview of the government. The bench noted that a representation was submitted to the Centre in May 2023 but no decision has been taken so far.

The justices stated, “Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order.”

Next Steps for Policy Development

The bench granted permission to lawyer Rakesh Khanna, representing the petitioner, and lawyer Shailendra Tripathi to approach the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati.

They requested the secretary of the ministry to consider the matter at the policy level, ensuring consultation with all stakeholders to explore the possibility of framing a model policy.

Additionally, the court clarified that the Centre’s consultation process would not hinder individual states from taking their own initiatives on menstrual leave.

The Supreme Court had previously disposed of a plea seeking menstrual pain leave for women students and working women across the country, directing that such issues should be addressed through policy representations to the Centre.

Ashiq Butt

Ashiq Butt – is VoM News's senior staffer worked since year 2015 and he deals with correspondency and social media handles. Hailing from Doda's Marmat, Ashiq has strong grip over the collection of the data and it's compiling feature.