NEW DELHI: The Supreme Court will hear on February 24 a plea seeking menstrual leave for all working women and female students across India.
The plea filed by Advocate Shailendra Mani Tripathi was mentioned before the bench of CJI DY Chandrachud and Justice PS Narasimha.
Tripathi in his plea has stated that menstrual periods have been largely disregarded by society, the government and other stakeholders, but some organizations and state governments have taken notice. He further stated in the plea that denial of menstrual pain leave or period leave for women in the remaining states was a violation of their right to equality under Article 14 of the Constitution.
“Women during different parts or stages of maternity, undergo a number of physical and mental hardships, be it undergoing menstrual period, pregnancy, miscarriage or any other medical complication related to these stages of maternity,” the plea stated.
Along with seeking menstrual leave, Advocate Tripathi in his plea has also sought for directing the State governments to frame rules for menstrual pain leaves to female students and working-class women at their respective workplaces in compliance with Section 14 of the Maternity Benefit Act 1961.
“Lack of legislative will to address the concept of menstrual pain leave and called for the Supreme Court's intervention, pointing out that various other countries, including the United Kingdom, China, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia, were already providing menstrual pain leave in some form,” the plea also states.