Explained: What Is The Menstrual Leave PIL In Supreme Court And The Menstruation Benefit Bill?

We hope this judgement comes through for women!

Mother nature really just knocks women out when it comes knocking on our doors to inform us that we’re not pregnant. Yeah, I’m talking about periods. We all know how tough periods are and how they can take a toll on a woman’s body and mind. This is also why several organisations offer paid menstrual leaves to allow women to sit at home with a heating pad and lots of chocolate. But sadly, not all organisations have such policies to uplift women a tad bit more. In line with the same, a Public Interest Litigation (PIL) was filed by Advocate Shailendra Mani Tripathi in the Supreme Court seeking paid menstrual leaves for working women as well as female students across the country.

Naming Indian companies like Swiggy, Gozoop, ARC, Magzter and Zomato and several others that provide paid period leave to female employees, the petition also cited the University College London study that states that pain that women experience during period cramps is equivalent to the pain one experiences during a heart attack. Further, the petition contended that period pain reduces productivity while adding that some states in India have ancillary benefits and period leaves for women but other states don’t which is violative of Article 14 as these policies differentiate against women under the guise of federalism and state policies despite the fact that all women undergo similar health issues due to their periods.

Also Read: PIL Filed In SC Seeking Paid Period Leaves After Menstruation Bill Regarded ‘Unclean’ In 2022

The petition in Supreme Court also highlighted the Women’s Sexual, Reproductive and Menstrual Rights Bills proposed by Dr Shashi Tharoor in 2018 which calls for easier access to sanitary pads for women in public facilities. It also mentioned the Menstruation Benefits Bill 2017 that was presented before the Legislative Assembly on day 1 of the Budget Session in 2022 but was disregarded and called an “unclean” topic. The petition slammed the move and pointed out that it showcases a lack of legislative will in terms of discussing paid period pain leaves. The PIL also highlighted how other countries like Indonesia, Spain, the UK, Japan, China and others provide for menstrual pain leaves in one way or another.

What Was The Menstruation Benefits Bill Of 2017?

In 2017, Lok Sabha MP Ninong Ering from Arunachal Pradesh moved the Menstrual Benefit Bill as a private members’ bill before the Lok Sabha. Citing the University Of London study, the bill highlighted the problems faced by women on the first 2 days of their periods which reduces their productivity while proposing 2 days of paid menstrual leave for working women in public as well as private sectors and also for female students.

Also Read: Hormonal Imbalance Or Irregular Periods Cannot Be Called Female Impotence, Rules Madras HC

It also sought facilities for women to rest at their workplaces during their periods. The bill argues that menstrual leave benefits both women as well as employers. In 2022, the same bill was again presented before the Legislative Assembly but was dismissed after being termed as an “unclean” topic.

2018 Women’s Sexual, Reproductive and Menstrual Rights Bills Proposed by Dr Shashi Tharoor

In 2018, MP Dr Shashi Tharoor introduced the Women’s Sexual, Reproductive and Menstrual Rights Bill in the Lok Sabha as a private members’ bill. The bill focused on 3 major factors – the criminalisation of marital rape, access to sanitary pads free of cost in public facilities as well as easier access to abortion rights and related health facilities.

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